Shimla, Mar 28
Himachal Pradesh High issued notice to the State Government related to 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, passed this order on the 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 H.P. 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 alongwith 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 virtues 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 under 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 the tax which shall be payable by the State Government, may be declared unconstitutional and may be quashed and set aside.
Further, the petitioners have prayed that Section 12 of the Salaries & Allowances of Ministers (Himachal Pradesh) Act, 2000, which provide 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 unconstitutional, and may be quashed and set aside.
The petitioners have also prayed that the State Government may be restrained from paying the income tax of Ministers and Members of H.P. Legislative Assembly. Income Tax to the tune of Rs. 1,11,87,863 paid by Government on behalf of Ministers and MLAs 2017-18, Income Tax to the tune of Rs. 1,79,30,873 paid by the Government on behalf of Ministers and MLAs in the year 2018-19, Income Tax to the tune of Rs. 1,78,12,311 was expected to be paid by Government on behalf of Ministers and MLAs in 2019-20.
