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of <h1>Court grants tax exemption to Scheduled Tribe member under Section 10(26)</h1> <h3>Chyawan Prakash Meena Versus The Union Of India And 3 Ors, The Commissioner Of Income Tax, The Income Tax Officer Range Silchar</h3> Chyawan Prakash Meena Versus The Union Of India And 3 Ors, The Commissioner Of Income Tax, The Income Tax Officer Range Silchar - [2023] 455 ITR 258 (Gau) Issues:1. Entitlement to Income Tax Exemption under Section 10(26) of the Income Tax Act, 1961 for a member of a recognized Scheduled Tribe.2. Refund of Income Tax deducted from the petitioner's salary despite being certified as a member of a Scheduled Tribe.3. Interpretation of the expression 'residing in any area specified' under Section 10(26) for eligibility of tax exemption.4. Application of the law laid down in the judgment of Pradip Kr. Taye and Ors. Vs. Union of India and Ors.5. Issuance of Mandamus for the refund of income tax deducted from the petitioner's salary.Analysis:1. The petitioner, a DIG (Ops) of Border Security Force and a member of a recognized Scheduled Tribe from Rajasthan, claimed Income Tax Exemption under Section 10(26) of the Income Tax Act, 1961. The petitioner's grievance was the deduction of Income Tax from his salary despite holding a Caste Certificate and representations seeking refund of the deducted taxes.2. The petitioner relied on the judgment in Pradip Kr. Taye case, which established that Scheduled Tribe members are entitled to the benefit of Section 10(26) irrespective of their place of posting. The Income Tax Department did not dispute this legal position and requested time for instructions.3. The court analyzed Section 10(26) and the interpretation of the expression 'residing in any area specified.' Referring to the Pradip Kr. Taye judgment, the court emphasized that the benefit of tax exemption is not restricted to the original place of residence but extends to Scheduled Tribe members migrating within specified areas.4. The court highlighted the historical context of the provision and the reasoning behind extending the tax exemption benefit to Scheduled Tribes. It rejected the restrictive interpretation proposed by the revenue department and affirmed the entitlement of Scheduled Tribe members to tax exemption under Section 10(26).5. Considering the petitioner's entitlement to tax exemption and the issued Tax Exemption Certificates, the court granted Mandamus to the Income Tax authorities to process the refund of deducted income tax promptly. The department was directed to comply with the order within three weeks and request any necessary document verification from the petitioner.This detailed analysis of the judgment highlights the petitioner's entitlement to Income Tax Exemption, the legal interpretation of Section 10(26), and the court's decision to issue Mandamus for the refund of deducted income tax.
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