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2009 (12) TMI 285 - HC - Income TaxExemption- The present petition has been made by the petitioner on the following two grounds (1) to direct the respondents to give exemption to the petitioners from paying income tax under section 10(26) of the Act. (2) To direct the respondents to refund the income tax to the petitioner already deducted at source in the previous assessment years of the petitioners concerned. In this case the exemption has been denied on the ground that they were government employees. Held that- fail to see in what manner the social status and economic resources of a Government servant can be different from that of another holding a similar position in a corporation or that of a successful medical practitioner, lawyer, architect, etc. Thus the appeal is allowed and petitioner is entitled for exemption.
Issues Involved:
1. Eligibility for income-tax exemption under Section 10(26) of the Income-tax Act, 1961. 2. Interpretation of the term "residing in any area specified" under Section 10(26). 3. Impact of migration on the status of Scheduled Tribe members under Section 10(26). Issue-wise Detailed Analysis: 1. Eligibility for Income-tax Exemption under Section 10(26): The petitioners, employees of North Eastern Electric Power Corporation Limited (NEEPCO Ltd.), sought exemption from income-tax under Section 10(26) of the Income-tax Act, 1961, which they had been receiving until the assessment year 2005-06. The respondents began deducting income-tax at source from 2005-06 onwards, prompting the petitioners to file a writ petition seeking exemption and refund of the deducted tax. Section 10(26) stipulates that the income of a member of a Scheduled Tribe residing in specified areas or states, including Arunachal Pradesh, Manipur, Mizoram, Nagaland, Tripura, and certain areas of Assam and Jammu and Kashmir, shall not be included in their total income. The petitioners argued that they met these criteria and should be exempt from paying income-tax. 2. Interpretation of the Term "Residing in Any Area Specified": The court analyzed the term "residing in any area specified" in Section 10(26) to determine its scope and application. The court noted that the term should not be interpreted narrowly to exclude members of Scheduled Tribes who migrate from their place of origin to another specified area. The court emphasized that the exemption should apply to members of Scheduled Tribes residing in any of the specified areas, regardless of their place of origin. The court referenced previous judgments, including S. K. Dutta v. Lawrence Singh Ingty, which held that excluding government servants from the exemption was unconstitutional. The court also noted that the term "residing" should not be restricted to permanent residence but should include individuals residing in the specified areas for employment or other purposes. 3. Impact of Migration on the Status of Scheduled Tribe Members under Section 10(26): The court examined whether members of Scheduled Tribes who migrate from their place of origin to another specified area lose their status and eligibility for exemption under Section 10(26). The court referred to Supreme Court judgments, including Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College, which recognized the possibility of migration and the need for protective treatment for such individuals. The court concluded that members of Scheduled Tribes migrating to another specified area should not lose their status or eligibility for exemption. The court emphasized that the benefit of exemption should be extended to members of Scheduled Tribes residing in any of the specified areas, irrespective of their place of origin. Conclusion: The court allowed the writ petition, holding that the petitioners were entitled to the income-tax exemption under Section 10(26) of the Income-tax Act, 1961. The court determined that the term "residing in any area specified" should be interpreted broadly to include members of Scheduled Tribes residing in any of the specified areas, regardless of their place of origin. The court also rejected the argument that migration should affect the status and eligibility of Scheduled Tribe members for the exemption. The decision in NEEPCO Tribal Employees' Welfare Association v. Union of India was found to be wrongly decided, and the decision in Smt. Dipti Doley Basumatary v. Union of India was approved to the extent consistent with the present judgment. The writ petition was allowed without costs.
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