Archive · 29 Nov 2025
J&K High Court Rules Cross-LoC Trade Intra-State
The Jammu and Kashmir High Court has decided that the trade between Jammu and Kashmir and Pakistan-Occupied Kashmir (PoK) across the Line of Control (LoC) is considered intra-state trade under the GST Act.
This means that the trade is treated as happening within the same state, which is Jammu and Kashmir.
The court was dealing with complaints from traders who had done barter (exchange of goods without money) transactions across the LoC between 2017 and 2019.
The traders argued that they should not have to pay GST on these transactions, but the court disagreed and said they should follow the usual legal processes to challenge the GST demands.
The court also noted that PoK is legally part of Jammu and Kashmir, even though it is controlled by Pakistan.
The trade was started in 2008 as part of India-Pakistan confidence-building measures and was suspended after the 2019 Pulwama attack.
The J&K High Court ruled that cross-LoC trade with PoK is intra-state under the GST Act.
The court dismissed petitions from traders challenging GST demands on their barter transactions.
The court stated that PoK is legally part of Jammu & Kashmir's territory.
Traders argued that the cross-LoC trade was a zero-rated sale, attracting no sales tax.
The court advised petitioners to use statutory remedies under the CGST Act of 2017.
- Who
- Traders engaged in cross-LoC trade and the J&K High Court
- What
- The court ruled that cross-LoC trade is intra-state under the GST Act
- When
- During the tax period of 2017-2019
- Where
- Jammu and Kashmir and Pakistan-Occupied Kashmir (PoK)
- Why
- To determine the territorial and supply classification for GST purposes
- Court
- Jammu and Kashmir and Ladakh High Court
- Trade Type
- Cross-Line of Control (LoC) trade
- Time Period
- 2017-2019
- GST Act
- 2017
- Petitioners
- Traders engaged in barter/supply transactions
- Court's Decision
- Dismissed petitions, upheld GST demands
- Legal Status of PoK
- Part of Jammu & Kashmir territory
- Trade Suspension
- After Pulwama attack in 2019
- Trade Regulation
- Barter basis, no currency exchange