Kunnur Seenivasan, a Dravida Munnetra Kazhagam (DMK) functionary, has petitione the Madras High Court’s Madurai Bench on the basis of the recent Supreme Court judgement on the Economically Weaker Section (EWS) reservation.
Seenivasan has argued that there is no reason for the government to collect income tax from persons earning more than Rs 2.5 lakhs per year in light of a Supreme Court judgement indicating that households earning less than Rs 8 lakhs qualify for EWS. The Madurai Bench has issued a notice to the central government in connection with the case.
Seenivasan, an agriculturalist and member of the DMK’s Assets Protection Council, requested that a section of the Finance Act 2022, which states that persons earning more than Rs 2.5 lakh per year must pay income tax, be ruled ‘extra vires,’ according to Live Law.
He cited the Supreme Court’s recent decision in the Janhit Abhiyan vs Union of India case, which upheld the constitutionality of the 103rd Amendment. In this case, the court permitted the government to give a 10% reservation limit for EWS.
The family’s gross income must be less than Rs 7,99,999 in order to qualify for the EWS category. Given the circumstances, Seenivasan stated that the government should not be allowed to collect income tax from persons earning up to Rs 8 lakhs, since they would likewise be considered economically poor.
The agriculturalist claimed that paragraph A in Part-I of the First Schedule of the Finance Act, 2022, by which the government established the aforementioned tax slab, violates Articles 14, 15, 16, 21, and 265 of the Indian Constitution.
Four of the five articles listed contain the Fundamental Rights of Indian people. In other words, the appeal contends that the government’s collection of tax from an individual earning Rs 2.50 lakh per year violated fundamental rights protected by the Supreme Court.
Also the matter was adjourn for two weeks after a bench of justices R Mahadevan and J Sathya Narayana Prasad gave notice to the Ministries of Law and Justice, Finance, and Personnel.