Human Rights Commission takes up cashless circular

Notice to CS, Commissioner Commercial Taxes on circular to traders asking them to go cashless

PANJIM: The Goa Human Rights Commission (GHRC) on Monday issued notices to the Chief Secretary and Commissioner of Commercial Taxes over the circular issued to traders asking them to go cashless within ten days.
Interestingly, the government clarified that the concept of cashless is neither mandatory nor a compulsion to traders but is an appeal to encourage cashless transactions and that cash transactions are not banned in the State.
The Department of Commercial Taxes on December 1 issued a circular appealing to all manufacturers, retailers, wholesalers, dealers and other members of the trade to go cashless by making use of other available modes of payments, within ten days.
Social activist Adv Aires Rodrigues had filed a petition before GHRC against the State government’s ‘illegal and very high-handed circular’ attempting to deviously make all business activity in the State go cashless from December 31.
Human Rights Commission comprising of Commissioner, Retired District Judge A D Salkar and member J A Keny, issued notices to Chief Secretary RK Srivastava and the Commissioner of Commercial Taxes Dipak Bandekar directing them to appear in person on December 9.
The petitioner sought that the Chief Secretary and the Commissioner of Commercial taxes be directed to explain how they have been proceeding so haphazardly in contravention of the human right to use currency which is a legal tender.
Rodrigues, in his complaint to GHRC, stated that in absolute and gross violation of Human Rights, the Goa Government had very high-handedly and without application of mind, decided that the State go cashless.
He pointed out that neither the Government of India nor the Reserve Bank of India (RBI) has declared that cash transactions are invalid or that cash payments are no longer valid. “Use of cash is not prohibited anywhere in the world, even in those countries where substantial transactions happen through cashless avenues,” the petition stated. 
Stating that the Commercial Taxes Department of a State has no jurisdiction to issue a circular seeking to make all business transactions cashless, Rodrigues said that when the Central law recognises such mode of payment and cash is considered as legal tender, it was impermissible for a State Authority to seek to belittle the Central legislation and put the common man into inconvenience.
Meanwhile, when contacted, Bandekar clarified that the circular is not a compulsion but just an appeal to support the State government’s move to encourage cashless transactions. “We cannot make any compulsion. It has to be done by RBI. We have made an appeal to our registered traders,” he said.
Bandekar said that of the total 21,000 active dealers, 60-70 percent already have Point of Sale machines. “The thing is, it should be put to use,” he said.
The Commissioner informed that of the total revenue collection by the department, 70 percent is through e-payment. “During last financial year, our revenue was Rs 2,800 crore of which Rs 2000 crore was collected through e-payments. The balance 30 percent consist of cash, cheque and demand drafts (DD),” he stated.                                                                                                                                             

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