Deeming employee contributions as income may prompt constitutional challenge as departments reopen prior assessments nationwide.
Section 2(24)(x) treating belated employer or employee contributions to provident and similar funds as income is argued to be ultra vires the Constitution because such contributions are statutory obligations, not income. The author notes departments are reopening settled matters after a recent authoritative decision, and urges a direct constitutional challenge since courts do not adjudicate validity absent a specific challenge. (AI Summary)
Section 2(24)(x) treating belated employer or employee contributions to provident and similar funds as income is argued to be ultra vires the Constitution because such contributions are statutory obligations, not income. The author notes departments are reopening settled matters after a recent authoritative decision, and urges a direct constitutional challenge since courts do not adjudicate validity absent a specific challenge. (AI Summary)
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