Sikkim 'old Settlers' work to have court observation 'rectified'

SNS, GANGTOK, 29 JANUARY 2023 : The Association of Old Settlers (AOSS) has said that they are taking steps for the removal of the phrase 'of foreign origin' from a judgement passed by the Supreme Court on their IT exemption in the state of Sikkim. 

"Discussions arc going on with India's top legal experts on the matter, and accordingly, we will file a petition from our end in the apex court once again for the removal of those words. The best possible solution to the same will be sought from our end. We regret that certain objectionable words have been employed in the judgment and for removal of the same we will do everything in our control," the association said here today.

"Our organisation with members of around 400 families has a history of staying in Sikkim from the pre-merger era and we have always stayed peacefully and contributed to the development of Sikkim. The relations we share with ethnic communities, namely Sikkimese Bhutia, Lepcha and Nepali cannot be expressed through words," it added. 

On its legal journey since 2013, the AOSS said that the Indian Income Tax Act 1961 was applicable in Sikkim with effect from 1 April 2008 vide section 10 of 26 AAA, wherein a majority of the Sikkimese population was exempted from paying Income Tax and the term Sikkimese was defined. "We the Old Settlers of Indian origin residing in Sikkim prior to 26/04/1975 were left out from the said definition," it said in a statement. 

 "There were various representations made from our organization to the State as well as the Central Government. The previous government in the year 2012 replied to us that there cannot be political solution to it and we were asked to get legal opinion on the matter. 

The same was done and copy of it was submitted to the then state government. We received a reply from the then government that the matter has only legal solution, and so we filed a petition for granting Income Tax exemption under section 10 of 26AAA of Indian Income Tax Act of 1961 in the Honorable Supreme Court of India on 05/01/2013 and it was admitted on 28/01/2013," it added. 

"As the proceedings began, we were informed that there were words in the petition that hurt the sentiments of our regional brothers and sisters of Sikkimese Nepall community residing in Sikkim. Immediate steps were taken from our end to amend the petition and we filed an amended petition. The petition sub-mimed later was shared with all and everyone was happy with our gesture, and many thanked us too later on and understood our position." 

According to the Association, the judgment was finally delivered on 13 January this year and in the observation part, the court has made remarks "which we also regret and has made us painful." 

Amar Agarwal, General Secretary, ROSS, said that MG Sudesh Joshi "neither represented the AOSS nor the State of Sikkim before the Supreme Court when the matter was taken up for final argument on 11 August 2022. 

"He resigned from the ROSS much before becoming the Additional Advocate General of Sikkim," he said.