Forest Dept defies HC order, collects tax on betel leaves
Source: The Sangai Express
Imphal, June 05 2019:
Even as the High Court of Manipur passed an order on April 10 this year to the effect that no tax should be levied on betel leaves brought to the State, Forest Department today resumed levying tax on betel leaves.
A team of Forest and Environment Department led by one Deputy Ranger collected tax on betel leaves brought to the State by air at the rate of 10 paise per leave.
Deputy Ranger Laishram Borkumar said that earlier tax levied on betel leaves were collected on lump sum basis but the tax is now collected at the rate of 10 paise per leaf after counting all the betel leaves imported to the State through Imphal airport.
He said that they have resumed levying tax on betel leaves in accordance with an order issued by the Principal Chief Conservator of Forest yesterday.
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Notably, an order passed by the High Court of Manipur earlier pointed out that betel leave is not a forest produce and no tax should be levied on it.
On being enquired about the High Court's particular order, the Deputy Ranger feigned ignorance.
Sources informed that Forest and Environment Under Secretary A Heera Singh sent a letter to the Principal Chief Conservator of Forest on June 3.The letter said that the matter of levying tax on betel leaves has been consulted with Senior Advocate N Ibotombi and he was of the view that there is no impediment to levying tax on betel leaves subject to the outcome of the two writ appeals which challenged the High Court's order of April 10.Based on the Under Secretary's letter, PCCF K Angami wrote a similar letter to the Divisional Forest Officer yesterday.
The two writ appeals were heard by a division bench of the High Court of Manipur comprising of Chief Justice Ramalingam Sudhakar and Justice Lanusungkum Jamir on May 28.During the hearing, the Government counsel prayed to the Court to stay the order passed on April 10 but the Court pointed out that interpretation of the words 'forest produce' in relation to betel leaves is an issue and fixed July 16 for the next round of hearing.
However, Forest Department resumed collection of tax on betel leaves at Imphal airport today even though the High Court's order passed on April 10 has neither been quashed nor stayed, said the sources.
As such, many betel leaf traders and suppliers have started questioning whether the Forest Department stands above the High Court of Manipur.