Old settlers advised to seek legal advice on IT exemption issue
GANGTOK, October 21: Deflating the high hopes of the old settlers of Sikkim for an early resolution of their concerns on the controversial income tax exemption issue, the State Government has asked the community numbering to around 400 families in the State to seek legal and constitutional advice so that the matter can be forwarded to the Centre.
In a recent communiqué to the Association of Old Settlers of Sikkim (AOSS), which had been spearheading the demand for income tax exemption at par with Sikkim Subject holders, the State Government has belatedly directed the body to approach legal experts or chartered accountants to look into the lacunae ‘if any’ in the Income Tax Act 1961 for ‘possible inclusion’ of their demands within the provisions of the said Act ‘so that the Government of Sikkim could take up the issue with the Government of India’.
The decision was communicated to the AOSS recently by the six member committee headed by Chief Secretary which had been formed to examine all matters relating to the grant of exemption of Central Income Tax (Direct Income Tax) to the left out individuals in Sikkim and make recommendations to the State government for taking up the issue with the Centre.
Having examined the matter, the committee members were unanimous in the decision that there were ‘no provision’ in the Income Tax Act, 1961 for grant of income tax exemption to the left out individuals of Sikkim, the committee told AOSS directing it to approach legal experts.
It is interesting to note the ‘if any’ rider in the communication to the AOSS which not only reinforces the State government’s surrender as it itself had admitted that there is no provisions in the Income Tax Act for income tax exemption but also deftly lobs the whole issue into the court of AOSS who have now no option except initiate a cumbersome legal exercise so that it can put up a dossier before the State government.
Following this process which may take months, it is also unclear at this moment whether the State government will simply ‘Cc’ the AOSS findings to the Centre or strengthen it with its official inputs.
As the State government escalates down from its tall promises of ‘Ladakh model’ and other politically coloured assurances, the AOSS has decided to rethink and draw up a new strategy to pursue their demands under the legal framework suggested by the State government. It is informed that a meeting will be conducted tomorrow here at Gangtok where members of AOSS from all four districts will attend as the body has been compelled to huddle back to the drawing board after a steady campaign in the past two years.
We will seek legal advice and submit our report to the State government, said the AOSS president SK Sarda to SIKKIM EXPRESS. He said that advice of the State government has been well taken by AOSS terming the communiqué as ‘positive signals’ from the State government.
Mr. Sarda said that AOSS is confident that ruling Sikkim Democratic Front (SDF) will take up the matter with the Centre as the party has committed to deliver income tax exemption to the left out individuals of Sikkim.
The old settlers had fully backed the SDF party during the recent elections and it is the responsibility of the SDF government to fulfill its promises, was the general feeling running high among the left out individuals of Sikkim.
Source: sikkim express
THE OLD SETTLERS OF SIKKIM....................e.newsletter of the old settlers living in Sikkim prior to its merger with India who have a history of 130 years in Sikkim: .....Editor: S K Sarda
Thursday, October 22, 2009
SIKKIM STATE LEVEL COMMITTEE OF AOS-SIKKIM FORMED
ASSOCIATION OF OLD SETTLERS OF SIKKIM.
GANGTOK. SIKKIM.
PRESS RELEASE
22.10.2009
A State Level delegates meeting of Association of Old Settlers of Sikkim ( AOSS) was held in Gangtok on 22-10-09 which was attended by more than 350 delegates representing all towns and bazars of Sikkim.
The meeting which was called to deliberate on the socio-economic development of the old business community of Sikkim witnessed unprecedented enthusiasm in appreciation of sincere efforts and unstinted support of the Government led by Dr Pawan Chamling who has stood by the community which is in minority, at all times.
The meeting discussed enactment of Finance Act 2008 wherein the old settlers have been inadvertently left out from the exemption of Direct Taxes and appraised that the AOSS has been taking up the cause of these 9000 odd left out individuals who are two centuries old settlers and who are true Sikkimese earning and investing within the state.
Shri S.K.Sarda, President of the Association of Old Settlers of Sikkim in his address appreciated that the SDF party itself in its Election manifesto had dealt with the matter in detail and promised that as soon as the Government comes into formation, the matter of Income tax Exemption to old settlers will be taken up. True to his words, Dr Chamling immediately after the formation of the Government for the 4th term visited New Delhi and urged Prime Minister of India to solve this problem. The president on behalf of the old settlers expressed gratitude to His Excellency the Governor and the Hon’ble C.M for having taken on record in the Sikkim Legislative Assembly the need to secure exemption from Income tax for them in their endeavor to deliver justice and equal rights to all.
Shri Suresh Agarwal, General Secretary appraised the meeting of the various steps taken by AOSS and the support received from the State Government in this regard. He said, upon the request of the AOSS the Government was kind enough to constitute a committee to look into its request for exemption to old settlers and recommend their case to Government of India. He said that the Committee in its first meeting held on 8.10.2009 has directed AOSS to obtain expert legal opinion which could help the State Government in pursuing for exemption for the old settlers with Government of India. He further said that this was a very positive signal from the State and that the AOSS shall faithfully discharge the responsibility given, by consulting legal luminaries and present their opinion before the committee.
The meeting adopted the following resolutions.
1. A Thirty One Member State Level Committee formed to obtain expert opinion from leading legal, constitutional and taxation luminaries.
2. As directed, the opinion(s) so received shall be submitted to the State Government for consideration and taking up the matter for exemption of Income tax to left out individuals with Government of India.
3. To support the popular demand of implementation of Income Tax act with prospective effect for PEOPLE SETTLED POST MERGER.
4. To inform the Income Tax Department of all developments in this regard by submitting copy of letter received from the Government of Sikkim and relevant extracts of the present meeting.
Anil Kumar Gupta
Secretary
Association of Old Settlers of Sikkim (AOSS).
Gangtok, Sikkim
GANGTOK. SIKKIM.
PRESS RELEASE
22.10.2009
A State Level delegates meeting of Association of Old Settlers of Sikkim ( AOSS) was held in Gangtok on 22-10-09 which was attended by more than 350 delegates representing all towns and bazars of Sikkim.
The meeting which was called to deliberate on the socio-economic development of the old business community of Sikkim witnessed unprecedented enthusiasm in appreciation of sincere efforts and unstinted support of the Government led by Dr Pawan Chamling who has stood by the community which is in minority, at all times.
The meeting discussed enactment of Finance Act 2008 wherein the old settlers have been inadvertently left out from the exemption of Direct Taxes and appraised that the AOSS has been taking up the cause of these 9000 odd left out individuals who are two centuries old settlers and who are true Sikkimese earning and investing within the state.
Shri S.K.Sarda, President of the Association of Old Settlers of Sikkim in his address appreciated that the SDF party itself in its Election manifesto had dealt with the matter in detail and promised that as soon as the Government comes into formation, the matter of Income tax Exemption to old settlers will be taken up. True to his words, Dr Chamling immediately after the formation of the Government for the 4th term visited New Delhi and urged Prime Minister of India to solve this problem. The president on behalf of the old settlers expressed gratitude to His Excellency the Governor and the Hon’ble C.M for having taken on record in the Sikkim Legislative Assembly the need to secure exemption from Income tax for them in their endeavor to deliver justice and equal rights to all.
Shri Suresh Agarwal, General Secretary appraised the meeting of the various steps taken by AOSS and the support received from the State Government in this regard. He said, upon the request of the AOSS the Government was kind enough to constitute a committee to look into its request for exemption to old settlers and recommend their case to Government of India. He said that the Committee in its first meeting held on 8.10.2009 has directed AOSS to obtain expert legal opinion which could help the State Government in pursuing for exemption for the old settlers with Government of India. He further said that this was a very positive signal from the State and that the AOSS shall faithfully discharge the responsibility given, by consulting legal luminaries and present their opinion before the committee.
The meeting adopted the following resolutions.
1. A Thirty One Member State Level Committee formed to obtain expert opinion from leading legal, constitutional and taxation luminaries.
2. As directed, the opinion(s) so received shall be submitted to the State Government for consideration and taking up the matter for exemption of Income tax to left out individuals with Government of India.
3. To support the popular demand of implementation of Income Tax act with prospective effect for PEOPLE SETTLED POST MERGER.
4. To inform the Income Tax Department of all developments in this regard by submitting copy of letter received from the Government of Sikkim and relevant extracts of the present meeting.
Anil Kumar Gupta
Secretary
Association of Old Settlers of Sikkim (AOSS).
Gangtok, Sikkim
Wednesday, September 16, 2009
While addressing the conference Pawan Chamling, Chief Minister of Sikkim said that the steps taken by the Sikkim government to issue Identity Card for the Sikkim Subjects and their descendents to maintain their distinct identity as well as to others residing in the State is the step taken on internal security system.
Wednesday, September 2, 2009
From Sikkim Express
Nagarik Sangharsha Samiti writes to CS; demands equal treatment in tax exemption
GANGTOK, September 1: The Nagarik Sangharsha Samiti has written to the Chief Secretary demanding equal treatment to persons (baring foreigners) residing in Sikkim before April 26, 1975 in the matter of tax exemption and in socio-economic and political arena in Sikkim.
A letter signed by Prem Goyal, Chief Coordinator of the Samiti has also urged the six-member Committee on Tax Exemption to give them the opportunity to present their views to the Committee before making recommendations to the Government of Sikkim for taking up the issue with the Government of India.
“You may kindly recall that we have, right from 1977 onwards, been working for the protection of the rights and interests of all citizens residing in Sikkim. We submitted a memorandum dated June 25, 1996 to the Chief Minister of Sikkim, Pawan Chamling, and thereafter several reminders and fresh memorandum have been submitted periodical1y, urging the State Government to accord equal treatment to all persons residing in Sikkim before April 26, 1975,” the letter reads.
The Samiti has in the past submitted several memorandums to the Governor of Sikkim, Chief Minister, Union Finance Minister and also to the Central Board of Direct Taxes from time to time reiterating their ‘genuine’ demand for equal treatment.
Nagarik Sangharsha Samiti writes to CS; demands equal treatment in tax exemption
GANGTOK, September 1: The Nagarik Sangharsha Samiti has written to the Chief Secretary demanding equal treatment to persons (baring foreigners) residing in Sikkim before April 26, 1975 in the matter of tax exemption and in socio-economic and political arena in Sikkim.
A letter signed by Prem Goyal, Chief Coordinator of the Samiti has also urged the six-member Committee on Tax Exemption to give them the opportunity to present their views to the Committee before making recommendations to the Government of Sikkim for taking up the issue with the Government of India.
“You may kindly recall that we have, right from 1977 onwards, been working for the protection of the rights and interests of all citizens residing in Sikkim. We submitted a memorandum dated June 25, 1996 to the Chief Minister of Sikkim, Pawan Chamling, and thereafter several reminders and fresh memorandum have been submitted periodical1y, urging the State Government to accord equal treatment to all persons residing in Sikkim before April 26, 1975,” the letter reads.
The Samiti has in the past submitted several memorandums to the Governor of Sikkim, Chief Minister, Union Finance Minister and also to the Central Board of Direct Taxes from time to time reiterating their ‘genuine’ demand for equal treatment.
Wednesday, July 22, 2009
INCOME TAX EXEMPTION TO LEFT OUTS IN SIKKIM
SIKKIM: CS heads committee to study Income Tax exemption to ‘Left Outs’
Posted by barunroy on July 22, 2009
FROM SIKKIM EXPRESS
GANGTOK: The State government has constituted a six member committee headed by chief secretary ND Chingapa to consider exemption the left out individuals of Sikkim from the purview of Central Income Tax.
The other members of the committee are additional chief secretary TT Dorji, law secretary RK Purkhayastha, Chief Minister’s principle secretary RK Basnet and transport secretary KN Bhutia.
HB Rai, additional commissioner, commercial taxes division is the member secretary of the committee.
The high level committee has been tasked to examine all matters relating to grant of exemption of Central Income Tax (Direct Tax Law) to the ‘left out’ individuals in Sikkim and make recommendation to the State government for taking up the issue with the Centre. The committee has also been directed to submit its report at the earliest.
It may be added that the ‘left outs’ as referred by the State government implies those persons living in Sikkim for generations and had not been granted exemption from paying income taxes as provided to people with Sikkim Subject Certificates.
The Union government had last year exempted Sikkim Subject holders from paying Direct Income Tax by passing an amendment in the Finance Bill of 2008.
People of Sikkimese origin having Sikkim Subject Certificates have been exempted from Direct Taxes as per the 26AAA clause paving way for the Act to be enforced in the state.
However, the old business community who has been living in the State for generations but without Sikkim Subject certificates have expressed their objections for being left out of the Act.
The old business community had also expressed their objections for being bracketed into ‘Non Sikkimese’ category by the Union government in the Finance Act.
The old business community living here for generations had demanded to be defined as ‘Left out Sikkimese’ and not as ‘Non Sikkimese’.
--------------------------------------------------------------------------------
Posted by barunroy on July 22, 2009
FROM SIKKIM EXPRESS
GANGTOK: The State government has constituted a six member committee headed by chief secretary ND Chingapa to consider exemption the left out individuals of Sikkim from the purview of Central Income Tax.
The other members of the committee are additional chief secretary TT Dorji, law secretary RK Purkhayastha, Chief Minister’s principle secretary RK Basnet and transport secretary KN Bhutia.
HB Rai, additional commissioner, commercial taxes division is the member secretary of the committee.
The high level committee has been tasked to examine all matters relating to grant of exemption of Central Income Tax (Direct Tax Law) to the ‘left out’ individuals in Sikkim and make recommendation to the State government for taking up the issue with the Centre. The committee has also been directed to submit its report at the earliest.
It may be added that the ‘left outs’ as referred by the State government implies those persons living in Sikkim for generations and had not been granted exemption from paying income taxes as provided to people with Sikkim Subject Certificates.
The Union government had last year exempted Sikkim Subject holders from paying Direct Income Tax by passing an amendment in the Finance Bill of 2008.
People of Sikkimese origin having Sikkim Subject Certificates have been exempted from Direct Taxes as per the 26AAA clause paving way for the Act to be enforced in the state.
However, the old business community who has been living in the State for generations but without Sikkim Subject certificates have expressed their objections for being left out of the Act.
The old business community had also expressed their objections for being bracketed into ‘Non Sikkimese’ category by the Union government in the Finance Act.
The old business community living here for generations had demanded to be defined as ‘Left out Sikkimese’ and not as ‘Non Sikkimese’.
--------------------------------------------------------------------------------
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