2007 (2) TMI 175 - HC - Income Tax

Summary

Issues involved:
The interpretation of section 10(26) of the Income-tax Act, 1961, in relation to the constitutional provisions regarding exemption from income tax for members of Scheduled Tribes residing in specified areas.

Writ Petition (C) No. 200(SH)/2001:
- Association of Scheduled Tribe members seeking exemption under section 10(26) of the Income-tax Act.
- Dispute arose when Income-tax Officer instructed deduction of income tax due to members not being residents of specified areas.
- Court dismissed the petition based on the requirement of being a permanent resident in the specified area for income to be exempt under section 10(26).

Writ Petition (C) No. 340(SH)/2002:
- Individual member of Scheduled Tribe in Assam claiming exemption under section 10(26).
- Challenged notice to file income tax return despite being a recognized Scheduled Tribe member.
- Claimed to be a member of Kachari community, a Scheduled Tribe in Assam.

Writ Petition (C) No. 14(SH)/2004:
- Employee belonging to Miri (Mishing) tribe in Assam seeking tax exemption.
- Claim for refund of taxes deducted at source rejected by Assessing Officer.
- Appeal pending with Commissioner of Income-tax (Appeals).

Writ Petition (C) No. 15(SH)/2004:
- Employee from Bodo Kachari community in Assam claiming tax refund.
- Assessing Officer raised additional tax demand, appeal dismissed by Commissioner of Income-tax (Appeals).
- Dispute centered on eligibility for exemption under section 10(26) based on residence and income source.

The judgment clarified that for exemption under section 10(26) of the Income-tax Act, a person must be a member of a Scheduled Tribe, reside in specified areas, and have income accruing from sources in those areas. The court emphasized the importance of permanent residence and tribal recognition in determining eligibility for tax exemption. The decision directed the Revenue to reexamine the cases of the petitioners based on the clarified criteria and issue exemption certificates accordingly.