The Commissioner of Income Tax, Siliguri
Income Tax Department
Ministry of Finance
Government of India
Camp: Gangtok, Sikkim
Sirs,
We are grateful to your goodself for having spared your valuable time to be
with us to understand the ground realities in respect to implementation of
Direct taxes in Sikkim subsequent to amendment brought about by Finance Act
2008, inserting a new clause 26AAA in Section 10 of the Income Tax Act 1961.
May we submit that on several past
occasions we have impressed upon the
Central Board of Direct Taxes on the need of such a meet.
Sir, Sikkim ,a totally different
country was made a State of the Union of India in 1975.Till 2008, the income
tax law of Sikkim was- Sikkim Income tax manual 1948, which was uniformly
followed by one and all for 60 long years.
There appears to have been some
inadvertent omissions while defining the word ‘Sikkimese’ in reference to Clause
26AAA which does not cover all those who were entitled to income tax exemption.
The old settlers have been permanently residing in Sikkim since last 100 to 130
years and unfortunately left out by non application of principles of equality
and further without having been heard on
merit. The discrepancy by non inclusion is being repeatedly brought to the
notice of Sikkim Government and Union Government .
In our various memorandums to The
President of India, The Prime Minister of India, The Home Ministry, The Finance
Minister and CBDT, we have explained and submitted at length as to how the old
settlers are also Sikkimese and how they
have been genuinely left out from being considered for exemption on grounds
of having been similarly situated.
Sir, The Government of Sikkim having
considered our demands duly constituting a committee and finding the same as
just and genuine, has been kind enough to pass
a historic resolution in the Sikkim Legislative Assembly
urging the Union Government to cover these left out people also under the
exemption bracket.
Our Chief Minister Shri Pawan
Chamling personally wrote a DO to then
Finance Minister and urged the Government of India to rectify the anamolies.
Our Hon’ble Chief Minister again met the Honourable Prime
Minister of India and raised the issue
of grant of income tax exemption to left outs and Hon’ble PM gave a very
positive assurance on the subject. The people of Sikkim and The Government of
Sikkim headed by our beloved Chief Minister Shri Pawan Chamling have
continuously supported and are with us on the issue.
His Excellency, the Governor of
Sikkim Shri Balmiki Prasad Singh in the last four Budget Address has hoped that the demand placed by the State
Government in respect of Income tax Exemption to the of the Left-out
communities including members of the old business communities of Sikkim will be
addressed by the Central Government soon.
His Excellency specifically said
“ This will ensure that the social
cohesion and harmony prevailing in Sikkim be further strengthened and
consolidated.”
Similarly, Hon’ble Finance minister in his speech in the
Parliament during Budget 2012 said the matter is under the consideration of the
Government of India.
Lately, The Parliamentary Standing
Committee On Finance has also taken cognizance of our submissions and has been
been kind enough to recommend
to the Government of India to take suitable measures to include
the old settlers in the scheme of income
tax exemption.
Your honor would appreciate that
making Sikkim an Indian State was a unique and historic event as it involved
merging of two different countries, their cultures and their laws, and
hence deserves a special place in application of laws with due regard to
principles of equality and natural justice enshrined in the Constitution .
We cherish your visit to Sikkim as
historic and hope that you will convey
the ground realities to the Central Board of Direct Taxes and Hon’ble Finance
Minister of India such that they get the
right feel of the problem that lies in Sikkim- a very sensitive border State.
Sir, It is time that the aspirations
of all section of people of Sikkim is considered positively leaving no one
unhappy and that will usher in building a happy Sikkim, a peaceful Sikkim and a
strong Sikkim and finally a strong India.
With highest regards
Yours Faithfully,
S K Sarda
President, Association of Old
Settlers of Sikkim
Dt 22.11.2012
Gangtok
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