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.
.... (This e newsletter since 2007 chiefly records events in Sikkim, Indo-China Relations,Situation in Tibet, Indo-Bangladesh Relations, Bhutan,Investment Issues and Chinmaya Mission & Spritual Notes-(Contents Not to be used for commercial purposes. Solely and fairly to be used for the educational purposes of research and discussions only).................................................................................................... Editor: S K Sarda
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Showing posts with label old business community of Sikkim. Show all posts
Showing posts with label old business community of Sikkim. Show all posts
Friday, October 23, 2009
Thursday, October 22, 2009
SIKKIM STATE LEVEL COMMITTEE ON 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
Monday, June 22, 2009
THANK YOU, DR PAWAN CHAMLING
SIKKIM: Association of Old Settlers of Sikkim thanks Chief Minister
Posted by barunroy on June 22, 2009
THE HIMALAYAN BEACON [BEACON ONLINE]
Gangtok, 22 June 2009
The Association of Old Settlers of Sikkim thanks Hon’ble Chief Minister of Sikkim for taking up the issue of exemption from Income Tax to Left Out old residents of Sikkim including old business community, with the Prime Minister of India Dr Manmohan Singh on 20 June 2009 at New Delhi.
As per news appearing in the Press, Chief Minister highlighted the demand for grant of Income tax Exemption to the old residents of the State who were inadvertently left out in the past , with the Prime Minister.
In the past also Hon’ble CM in his first press conference after forming the government for the fourth time promised that the first task of the New Government will be to work for getting Income Tax exemption for the left out old residents including old business community.
It is pertinent to note that Sikkim Democratic Front had passed a resolution No 4 at Rangpo Mahasammelan last year wherein it was promised that the Government led by SDF will work towards getting I T exemption to Old settlers of Sikkim. The said resolution was brought by Hon’ble Minister Shri N K Pradhan and was welcomed by all and adopted as people’s resolution.
Dr Pawan Chamling, President, Sikkim Democratic Front in its election manifesto 2009 had been kind enough to promise protection and respect to the Old Business Community of Sikkim:
“The SDF Government has given respect and justice to the old business people of Sikkim along with the rest of the Sikkimese communities. This community which has contributed a great deal to the overall development of Sikkim has been recognized for the first time by our Government. They have also been given a proper business environment to flourish in a democratic manner and set up. They had been given dignity, respect and rights to live and practice their business in the State. We will continue and ensure that our business community members receive this respect and positive business environment. In addition to other facilities and rights provided to our business community it is the SDF government which has for the first time provided higher education facilities (Quota) for their children. This will also continue. They do not have to face any obstruction, disrespect or difficulty in carrying on their business and exercising their fundamental rights”.
(SDF Manifesto-Page 48)
Pursuant to the enactment of the Finance Act 2008, finding themselves out of place in the Sikkimese Society, these settlers have been continuously representing before the Government the need to include them for exemption of Central Income tax with their other Sikkimese brethren.
Taking due cognizance of this fact, Dr Pawan Chamling has honoured the sentiments of these people by resolving in the SDF manifesto 2009 as hereunder:
“While protecting this achievement of securing exemption from the Central Income tax, our Government has not lost sight of the genuine demands of the old business communities, old residents and old government employees, both State and Centre. Our government is seized of this problem and we are going to strongly plead for equal rights of the old business community of Sikkim.” ( SDF Manifesto- page 16)
Dr Pawan Chamling has appreciated that indeed there is a problem and this small section of old business community also has the right to its share of happiness and declared … “Our business community has contributed immensely toward the overall development of our State. This has been made possible by their hard work in an atmosphere of peace and security which has been provided by our Government. Their hard work has been recognized by our Government and citations and awards have been given to several prominent and old citizens of the community. We will continue to adopt the same policy and shall protect their interest in the State. We have passed a resolution for exempting them from Central Income tax for the old business community. Our SDF party has also ratified this stand with the support of the people of Sikkim.” (SDF Manifesto-Page 12-13)
The Association Of Old Settlers of Sikkim has full faith and confidence in the visionary leadership of Dr Pawan Chamling and his Government and pledges its continued support to all his policies & programmes which have been taking care of each and every section of the Sikkimese society
Posted by barunroy on June 22, 2009
THE HIMALAYAN BEACON [BEACON ONLINE]
Gangtok, 22 June 2009
The Association of Old Settlers of Sikkim thanks Hon’ble Chief Minister of Sikkim for taking up the issue of exemption from Income Tax to Left Out old residents of Sikkim including old business community, with the Prime Minister of India Dr Manmohan Singh on 20 June 2009 at New Delhi.
As per news appearing in the Press, Chief Minister highlighted the demand for grant of Income tax Exemption to the old residents of the State who were inadvertently left out in the past , with the Prime Minister.
In the past also Hon’ble CM in his first press conference after forming the government for the fourth time promised that the first task of the New Government will be to work for getting Income Tax exemption for the left out old residents including old business community.
It is pertinent to note that Sikkim Democratic Front had passed a resolution No 4 at Rangpo Mahasammelan last year wherein it was promised that the Government led by SDF will work towards getting I T exemption to Old settlers of Sikkim. The said resolution was brought by Hon’ble Minister Shri N K Pradhan and was welcomed by all and adopted as people’s resolution.
Dr Pawan Chamling, President, Sikkim Democratic Front in its election manifesto 2009 had been kind enough to promise protection and respect to the Old Business Community of Sikkim:
“The SDF Government has given respect and justice to the old business people of Sikkim along with the rest of the Sikkimese communities. This community which has contributed a great deal to the overall development of Sikkim has been recognized for the first time by our Government. They have also been given a proper business environment to flourish in a democratic manner and set up. They had been given dignity, respect and rights to live and practice their business in the State. We will continue and ensure that our business community members receive this respect and positive business environment. In addition to other facilities and rights provided to our business community it is the SDF government which has for the first time provided higher education facilities (Quota) for their children. This will also continue. They do not have to face any obstruction, disrespect or difficulty in carrying on their business and exercising their fundamental rights”.
(SDF Manifesto-Page 48)
Pursuant to the enactment of the Finance Act 2008, finding themselves out of place in the Sikkimese Society, these settlers have been continuously representing before the Government the need to include them for exemption of Central Income tax with their other Sikkimese brethren.
Taking due cognizance of this fact, Dr Pawan Chamling has honoured the sentiments of these people by resolving in the SDF manifesto 2009 as hereunder:
“While protecting this achievement of securing exemption from the Central Income tax, our Government has not lost sight of the genuine demands of the old business communities, old residents and old government employees, both State and Centre. Our government is seized of this problem and we are going to strongly plead for equal rights of the old business community of Sikkim.” ( SDF Manifesto- page 16)
Dr Pawan Chamling has appreciated that indeed there is a problem and this small section of old business community also has the right to its share of happiness and declared … “Our business community has contributed immensely toward the overall development of our State. This has been made possible by their hard work in an atmosphere of peace and security which has been provided by our Government. Their hard work has been recognized by our Government and citations and awards have been given to several prominent and old citizens of the community. We will continue to adopt the same policy and shall protect their interest in the State. We have passed a resolution for exempting them from Central Income tax for the old business community. Our SDF party has also ratified this stand with the support of the people of Sikkim.” (SDF Manifesto-Page 12-13)
The Association Of Old Settlers of Sikkim has full faith and confidence in the visionary leadership of Dr Pawan Chamling and his Government and pledges its continued support to all his policies & programmes which have been taking care of each and every section of the Sikkimese society
Wednesday, April 15, 2009
SDF MANIFESTO-2009- PROMISE TO OLD BUSINESS COMMUNITY OF SIKKIM
SDF MANIFESTO 2009
• reservation in education and appointments:
Our Government has strengthened the mechanism of reservation of seats. In the higher education the Old Business Community will be provided 5% reservation.
• Complete safeguard of dignity of Sikkimese Bhutia, Lepcha, Nepali and the_old businessmen and traders.
The first responsibility of our government is to safeguard the identity and dignity of Sikkim and the Sikkimese people. Our government through its pro people policies and programs has won many accolades which has enhanced the image of Sikkim at the national and intern national level.Our business community has contributed immensely toward the overall development of our State. This has been made possible by their hard work in an atmosphere of peace and security which has been provided by our Government. Their hard work has been recognized by our Government and citations and awards have been given to several and old citizens of the community. We will continue to adopt the same policy and shall protect their interest in the State. We will pass a resolution in the Legislative Assembly for exempting them from Central Income Tax for the Old Business Community. Our SDF party has also ratified this stand with the support of the people of Sikkim.In schools and colleges, they enjoy the same privileges at par with other communities in the State. Reservation is granted to them in higher education. The same shall continue.
• Exemption of Central Income Taxes to Sikkimese People
The Sikkim Subject Certificate holders have been exempted from paying Central Income Tax and this demand has been fulfilled by SDF Government during the last term. This achievement can be called historic as the demand was pending for a long time. While protecting this achievement of securing exemption from the Central Income Tax, Our Government has not lost sight of the genuine demand of the Old Business Communities, old residents and Old Government employees, both State and Central. Our Government is seized of this problem and we are going to strongly plead for equal rights of the old business community of Sikkim
• Protection and respect to Old Business Community of Sikkim
The SDF Government has given respect and justice to the old business people of Sikkim along with the rest of the Sikkimese Communities. This community which has contributed a great deal to the overall development of Sikkim has been recognized for the first time by our Government. They have also been given a proper business environment to flourish in a democratic manner and set up. They have been given dignity, respect and rights to live and practice their business in the State. We will continue and ensure that our business community members receive this respect and positive business environment. In addition to other facilities and rights provided to our business community it is the SDF Government which has for the first time provided higher education facilities (quota) for their children. This will continue. They do not have to face any obstruction, disrespect or difficulty in carrying on their business and exercising their fundamental rights.SDF’
MANIFESTO15TH LOK SABHA AND 8TH ASSEMBLY ELECTIONS 2009
• reservation in education and appointments:
Our Government has strengthened the mechanism of reservation of seats. In the higher education the Old Business Community will be provided 5% reservation.
• Complete safeguard of dignity of Sikkimese Bhutia, Lepcha, Nepali and the_old businessmen and traders.
The first responsibility of our government is to safeguard the identity and dignity of Sikkim and the Sikkimese people. Our government through its pro people policies and programs has won many accolades which has enhanced the image of Sikkim at the national and intern national level.Our business community has contributed immensely toward the overall development of our State. This has been made possible by their hard work in an atmosphere of peace and security which has been provided by our Government. Their hard work has been recognized by our Government and citations and awards have been given to several and old citizens of the community. We will continue to adopt the same policy and shall protect their interest in the State. We will pass a resolution in the Legislative Assembly for exempting them from Central Income Tax for the Old Business Community. Our SDF party has also ratified this stand with the support of the people of Sikkim.In schools and colleges, they enjoy the same privileges at par with other communities in the State. Reservation is granted to them in higher education. The same shall continue.
• Exemption of Central Income Taxes to Sikkimese People
The Sikkim Subject Certificate holders have been exempted from paying Central Income Tax and this demand has been fulfilled by SDF Government during the last term. This achievement can be called historic as the demand was pending for a long time. While protecting this achievement of securing exemption from the Central Income Tax, Our Government has not lost sight of the genuine demand of the Old Business Communities, old residents and Old Government employees, both State and Central. Our Government is seized of this problem and we are going to strongly plead for equal rights of the old business community of Sikkim
• Protection and respect to Old Business Community of Sikkim
The SDF Government has given respect and justice to the old business people of Sikkim along with the rest of the Sikkimese Communities. This community which has contributed a great deal to the overall development of Sikkim has been recognized for the first time by our Government. They have also been given a proper business environment to flourish in a democratic manner and set up. They have been given dignity, respect and rights to live and practice their business in the State. We will continue and ensure that our business community members receive this respect and positive business environment. In addition to other facilities and rights provided to our business community it is the SDF Government which has for the first time provided higher education facilities (quota) for their children. This will continue. They do not have to face any obstruction, disrespect or difficulty in carrying on their business and exercising their fundamental rights.SDF’
MANIFESTO15TH LOK SABHA AND 8TH ASSEMBLY ELECTIONS 2009
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