HC issues notice to CS challenging move to pay income tax of CM, ministers

Hyderabad: Telangana High Court has issued notice to the state government in a PIL challenging the move to pay income tax of the chief minister and ministers by the state.

A division bench of Chief Justice Alok Aradhe and Justice Jukanti Anil Kumar issued notices to the Chief Secretary and Principal Secretary, GAD, directing them to respond within 4 weeks.

The petitioner has challenged the validity of Section 3(4) of the A.P. Payment of Salaries and Pension and Removal of Disqualification Act, 1953, as amended from time to time and adopted by the Telangana Government vide GO.Ms. No. 1 dated 03- 01-2015 issued by GAD where under, the income tax for the Chief Minister, Deputy Chief Minister, and other ministers shall be borne by the state government and subsequent amendments extending the benefit to various political functionaries.

The petitioner has sought a direction to set aside Section 3(4) of the Telangana Payment of Salaries and Pension and Removal of Disqualification Act, 1953

The court was adjudicating the public interest litigation filed by the Forum for Good Governance represented by its Secretary Soma Srinivas Reddy.

The NGO had challenged the action of the Telangana government to pay the Income Tax of the Chief Minister, Dy. Chief Minister, all Cabinet Ministers, and Ministers for State, Speaker, and Dy. Speaker of the State Assembly, Chairman, and Dy. Chairman of Council, all Advisors of Cabinet rank, all Chairpersons of Corporations having Cabinet rank, Chief Whip in Assembly and Council, Leader of Opposition in Assembly and Council, Parliamentary Secretaries, Chairman, Press Academy, etc.,

The counsel for the petitioner said the politicians are public servants and they get salaries from the state. He said when they are paid salaries, they are liable to pay the Income Tax as is being paid by the Government servants and citizens of the State and the Country.

As per the IT Act, Income Tax has to be paid by the person, who receives remuneration for their services and the State Government cannot pay the tax for the public servants.

The matter has been adjourned by 4 weeks.