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In a first, cops told to book shop for not giving
GST benefit
CHANDIGARH: In a first, a sub-divisional
magistrate (SDM) has asked the Chandigarh Police to
lodge an FIR against a Sector 17-based footwear outlet
for not passing benefit to consumers and violating
orders passed under Section 144 of Criminal Procedure
Code (CrPC). SDM (centre) Virat has asked Sector 17 SHO
for registering case of disobedience to order duly
promulgated by public servant under Section 188 of the
IPC.
The Goods and Service Tax (GST) Council on
November 10 reduced taxes on more than 170 items
following which the administration had issued an order
under Section 144 of the CrPC prohibiting the sale of
notified commodities without passing the benefits of
reduced taxes to consumers. In the order, the
administration had termed denial of benefits of
reduction of tax as “unjustified costs” imposed on
consumers, which is restricted under Section 2 of the
Consumer Protection Act, 1986.
The SDM acted after receiving a complaint from city
based advocate Ajay Jagga accusing Metro Shoes in Sector
17 for violating the order by not passing on the benefit
to consumers.
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Jagga had alleged he had purchased shoe polish for Rs 99
instead of Rs 91.26, thus not passing on the benefit.
Along with the complaint, Jagga attached bill of another
outlet which sold the same shoe polish at Rs 91.26. In
its defence, the counsel appearing for the outlet said
they were not aware of the notification. The counsel
said the district magistrate is not competent authority
to issue the order.
The SDM said, “Though the point of jurisdiction has not
been raised before, I find that under Section 188 of
CrPC, I have no jurisdiction to pass an order of
conviction or to punish the opposite party.”
The order stated: “I forward this complaint along with a
copy of this order and the entire record to SHO Sector
17 police station for lodging an FIR under Section 188
of IPC against the respondent and to put up the matter
before competent court of jurisdiction for further
action.” When contacted, Gulshan of Metro Shoes
confirmed to have received the order. He said they will
contest the case.
Source::: Times of India,
dated 07/03/2018
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