Himachal Pradesh govt makes law to pay income tax on behalf of MLAs, HC issues notice

In a case involving state government's payment of income tax on behalf of ministers and MLAs, High Court of Himachal Presh has issued a notice to state government on Monday. On civil writ case filed by Yash Pal Rana and ors, division bench, which included Chief Justice Mohamm Rafiq and Justice Jyotsna Rewal Dua, issued this order. 

As per reports of ANI, senior vocate Rajnish Manikatala stated, " Himachal Presh legislature has framed a law by virtue of which income tax on salaries and allowances of MLAs is paid by state government, which is unconstitutional and we have filed a plea to set it aside so that liability to pay taxes comes upon MLA."

He also said, "Himachal Presh High Court has issued notices on this petition to state govt, Himachal Presh Vidhan Sabha. Notices also issued to MLAs; court to hear matter after 4-6 weeks."

Government paying income tax to MLAs since provisions were enacted

petitioners have asked that Section 6AA of Himachal Presh legislative assembly (Allowances & Pensions of Members) Act, 1971 which states that a member's salary, compensatory, constituency, secretarial, postal facilities, and telephone allowances, as well as or privileges missible under this Act, which are exclusive of state government's income tax, be declared unconstitutional and be quashed.  petitioners claim that Himachal Presh government has been paying income tax to MLAs and ministers in compliance with various provisions of se Acts since provisions were enacted.

MLAs and ministers are obligated to pay income tax from ir own earnings

Income Tax Act mandates that those who are subject to income tax pay it mselves, and state cannot pay it on behalf of MLAs and ministers and that y are obligated to pay income tax from ir own earnings. Only six states have taken on responsibility of paying legislators' income taxes. Mhya Presh, Chhattisgarh, Haryana, Uttarakhand, Punjab, and Himachal Presh are among states that still do it.

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