In a case involving the payment of income tax by the state government on behalf of ministers and MPs, the High Court of Himachal Pradesh issued a notice to the state government on Monday. Regarding the civil case filed by Yash Pal Rana and others, the divisional bench, which included Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua, issued this order.
According to ANI reports, Senior Solicitor Rajnish Manikatala said, “The Himachal Pradesh Legislature has drawn up a law under which income tax on MPs’ salaries and allowances is paid by state government, which is unconstitutional and we have filed a plea to set it aside so that the responsibility to pay taxes rests with the deputy.”
He also said: “The High Court of Himachal Pradesh has issued opinions on this petition to the State Government, Himachal Pradesh Vidhan Sabha. Opinions have also been issued to MPs; the court will hear the case after 4 at 6 weeks.”
The Himachal Pradesh legislature has crafted a law under which income tax on MPs’ salaries and allowances is paid by the state government. It is unconstitutional, and we have filed a plea to overturn it so that the responsibility of paying taxes rests with MPs: Adv Rajnish Maniktala, Petitioner pic.twitter.com/mOWTlgREia
— ANI (@ANI) March 28, 2022
The High Court of Himachal Pradesh issued opinions on this petition to the state government, Himachal Pradesh Vidhan Sabha. Notice also issued to Members of Parliament; court to hear the case after 4-6 weeks: lawyer Rajnish Maniktala, petitioner pic.twitter.com/BXxCIOE8lB
— ANI (@ANI) March 28, 2022
The government has been paying income tax to MPs since the provisions
The petitioners requested that Section 6AA of the Himachal Pradesh Legislative Assembly (Members’ Allowances and Pensions) Act 1971 provide that the salary, allowances, constituency, secretariat, postal facilities and a member’s telephone allowances, and other privileges allowable under this Act, which exclude state government income tax, be declared unconstitutional and void. The petitioners claim that the government of Himachal Pradesh pays income tax to MPs and ministers in accordance with the various provisions of these laws since their enactment.
MPs and ministers are liable to pay income tax on their own income
The Income Tax Act states that those who are liable to income tax pay it themselves, and the state cannot pay it on behalf of MPs and ministers and they are obliged to pay income tax on their own income. Only six states have taken responsibility for paying lawmakers’ income taxes. Madhya Pradesh, Chhattisgarh, Haryana, Uttarakhand, Punjab and Himachal Pradesh are among the states that still do so.
Image: @ANI/Twitter
