Himachal Pradesh HC sends notice to state govt on filing income tax of ministers, MLAs
India Today
Himachal Pradesh HC sent a notice to the state government after a petition challenged the paying of income tax by Himachal Pradesh govt on behalf of ministers and MLAs.
The Himachal Pradesh High Court on Monday issued a notice in a matter related to the payment of income tax on behalf of ministers and MLAs by the state government.
The Division Bench comprising Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua issued the notice following the hearing of a civil writ petition filed by Yash Pal Rana and others.
The petitioners have filed the instant petition as they are aggrieved by different provisions of the HP Legislative Assembly (Allowances and Pensions of Members) Act, 1971, whereby the Members of the Legislative Assembly and the Ministers are exempted from paying the income tax on the income earned by them along with various allowances and perquisites.
Further, the petitioners are also aggrieved by the similar provisions of the Salaries and Allowances of Ministers (Himachal Pradesh) Act, 2000, by virtue of which again the Ministers are exempted from paying the income tax on the income so earned by them in the form of salaries, allowances and other perquisites granted to them under these Acts.
The petitioners have alleged that as per the various provisions of these Acts, the Himachal Pradesh Government is paying the income tax of the MLAs and the Ministers from the date of incorporation of the provisions in these Acts.
The petitioners have prayed that the Section 6AA of Himachal Pradesh Legislative Assembly (Allowances & Pensions of the Members) Act, 1971, which provides that the salary and compensatory, constituency, secretarial, postal facilities and telephone allowances payable to a member and other perquisites admissible to him, under this Act, shall be exclusive of the income tax that shall be payable by the state government.
Further, the petitioners have prayed that Section 12 of the Salaries & Allowances of Ministers (Himachal Pradesh) Act, 2000, which provides that salary and allowances payable to a minister and furnished house and other perquisites admissible to him, under this Act, shall be exclusive of income tax which shall be payable by the state government, may be declared to be unconstitutional and may be quashed and set aside.
