2025 (3) TMI 467 - HC - Income Tax

Challenge to vires to Explanation (v) contained u/clause (26AAA) of section 10 of the Income Tax Act as introduced by way of amendment in terms of the Finance Act 2023 insofar as it deals with the definition of the term Sikkimese - According to the writ petitioner it is the responsibility of the State of Sikkim to ensure protection of the old laws including its preservation/protection as provided under Article 371F (k) of the Constitution of India in public interest. HELD THAT - On a careful reading of the clarification provided as per the Press Release dated 04th April 2023 makes it abundantly clear that the term Sikkimese defined for the purpose of clause (26AAA) of section 10 of the Income Tax Act 1961 by the Finance Act 2023 is only for the purpose of Income Tax Act 1961 and not for any other purpose (emphasis supplied). We do not find that this clarification or explanation touches upon the sanctity of the rights and privileges reserved for genuine indigenous Sikkimese which are carefully preserved and protected under Article 371F (k) of the Constitution of India. We do not find any justifiable reason to entertain the writ petition.

Summary

1. Issues Presented and Considered: The core legal question in this case revolves around the challenge to the vires of Explanation (v) under clause (26AAA) of section 10 of the Income Tax Act, 1961, specifically in relation to the definition of the term "Sikkimese" and its compliance with Article 371F (k) of the Constitution of India.

2. Issue-Wise Detailed Analysis:

Relevant Legal Framework and Precedents: The amendment in question was introduced by the Finance Act, 2023, following a judgment of the Hon'ble Supreme Court of India in the cases of Association of Old Settlers of Sikkim and Rapden Lepcha. The Supreme Court directed the Union of India to amend the Explanation to Section 10(26AAA) of the IT Act, 1961, to include all Indian citizens domiciled in Sikkim before 26-4-1975 to avoid unconstitutionality and ensure parity.

Court's Interpretation and Reasoning: The High Court considered the objective standpoint of the matter raised in the Public Interest Litigation. It noted the Supreme Court's judgment and the subsequent amendment made by the Union of India. The Court also analyzed a Press Release clarifying that the term "Sikkimese" in the Income Tax Act is solely for income tax purposes and does not affect the rights of genuine indigenous Sikkimese under Article 371F (k).

Key Evidence and Findings: The key evidence included the Supreme Court's judgment directing the amendment to include all Indian citizens domiciled in Sikkim before 26-4-1975 for income tax exemption. The Press Release clarified the limited scope of the term "Sikkimese" in the Income Tax Act.

Application of Law to Facts: The Court applied the legal principles established by the Supreme Court's judgment and the subsequent Finance Act amendment. It interpreted the term "Sikkimese" in the context of income tax exemption and its alignment with constitutional provisions.

Treatment of Competing Arguments: The writ petitioner argued that the amendment undermined the rights of genuine indigenous Sikkimese, while the Respondents relied on the Supreme Court's directive and the subsequent Finance Act amendment to justify the definition of "Sikkimese" for income tax purposes only.

Conclusions: The High Court concluded that the clarification provided in the Press Release adequately addressed the scope of the term "Sikkimese" in the Income Tax Act, emphasizing its limited applicability to income tax matters. As such, the Court dismissed the writ petition challenging the vires of Explanation (v) under clause (26AAA) of section 10 of the Income Tax Act, 1961.

3. Significant Holdings: The core principles established include the interpretation of the term "Sikkimese" for income tax purposes as per the Finance Act amendment and the clarification that it does not affect the rights of genuine indigenous Sikkimese under Article 371F (k). The final determination was the dismissal of the writ petition challenging the vires of the amendment.