The Hindu : Tamil Nadu News : Plea against classification of income tax assessees

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Wednesday, Feb 20, 2008
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Tamil Nadu

Tamil Nadu

Plea against classification of income tax assessees

Special Correspondent

CHENNAI: A city advocate has moved the Madras High Court for a direction to declare the classification of income tax assessees into two categories and deducting income tax at two different rates illegal and unconstitutional.

In the writ petition, R. Muthukrishnan of Ramapuram submitted that by a circular issued in December 2007, income tax assesses were, under the Finance Act, classified as other than women assessees below 65 years of age, and women assessees below 65 years of age, and income tax was required to be deducted at two different rates.

Such a sex-based classification of individual resident assessees and two different rates were discriminatory against men, illegal and unconstitutional.

He prayed the court to declare that mutatis mutandis income tax rates in the case of every individual, being resident of India and below 65 years, should be at the rates mentioned under said item B of the impugned income-tax provision.

The Union Finance Secretary and the Under Secretary (Budget), Central Board of Direct Taxes, were cited as respondents.

When the matter came up before a Division Bench of Justices S.J. Mukhopadhaya and M. Venugopal, counsel for the respondents accepted notice. The Bench said the petitioner’s counsel would serve a copy of the paper book, writ petition and affidavit on counsel for the respondents who shall file a counter in three weeks.

The case may be disposed of at the stage of admission itself, the Bench said, posting it for March 13.

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