Vijay Patel
Vijay Patel

@vijaygajera

12 Tweets 54 reads Feb 07, 2023
1. Can you imagine just an irresponsible comment from the Supreme court has caused massive protests in Sikkim!
Sikkim is a very crucial border state and observation of the Supreme Court has caused a security concern in this border state.
2. When Sikkim was merged with India in 1975, according to the negotiated settlements Sikkim subjects were exempt from paying Indian income tax.
3. In 1989, cases of genuine omissions were reviewed. The 1989 order benefitted two categories of people the Bhutia-Lepchas, Sherpas, and the Nepalese & other settlers who renounced their citizenship in favor of Sikkimese citizenship prior to the merger
4. 94.6 percent of the total population is represented by the above two categories only.
We can divide the remaining 5 percent of the residents of Sikkim into two categories.
5. Indian-origin old settlers were1.50 percent and the remaining 3.84 percent were new settlers, including those of Indian origin.
6. In 2008, Income tax act vide Section 10(26AAA) of the Income Tax Act, 1961 granted exemption to all the Indians the names were present in the register of “Sikkim subjects maintained under the Sikkim Subject Rules, 1961 immediately before the day of 26th April 1975
7. The exemption was granted in respect of
⦁Income earned from any sources in Sikkim
⦁Income by way of interest and dividends on securities
8. However following two categories were excluded from this exemption-
⦁women who married non-Sikkimese men
⦁Old settlers of Indian origin settled prior to the merger but didn’t give up their Indian citizenship.
9. Representatives of Old Settlers of Indian origin (near about 500 families), filed a petition in the Supreme Court 10 years ago to treat them at par with the Sikkim subjects.
10. On last 13th January, SC removed exceptions to 10(26AAA) & extended income tax exemption to both old settlers of Indian origin who settled prior to the merger and hadn't accepted Sikkim nationality & Sikkimese women marrying non-Sikkimese.
11. SC has termed Nepal-origin people as foreigners which has caused massive protests in Sikkim.
This one statement has divided people into 95% vs 5%!
12. The central government has filed a review petition in the supreme court now.
Let's hope this unnecessary court-made disaster in a very crucial broader state settles in a very peaceful manner now

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