Now Reading: Centre opposes same-sex gift-tax exemption in Karnataka High Court
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Centre opposes same-sex gift-tax exemption in Karnataka High Court
The Union government told the Karnataka High Court on Monday (12 October) that same-sex couples cannot claim gift-tax exemptions available to spouses under the Income Tax Act, as granting the benefit would 'indirectly recognise same-sex marriages.' Solicitor General Tushar Mehta argued the exemption rests on the legal status of marriage, which Indian law does not extend to same-sex couples. The court was hearing a petition by Bengaluru residents Anurag Kalia and Akhilesh Godi, who face tax on a gold bracelet gift because they are not recognised as spouses.
The petitioners, represented by advocate Dhruv Janssen Sanghvi, argued that the exclusion amounts to indirect discrimination on the basis of sex and sexual orientation, prohibited under Article 15 of the Constitution. They contended that the government's reliance on under-classification under Article 14 is misplaced once a prohibited ground is engaged. While Hindustan Times reports the court will seek technical clarifications on 2 November, LiveLaw states the bench reserved orders after hearing both sides.
Indian Opinion Analysis
Hindustan Times leads with the government's argument that a tax exemption would 'indirectly recognise same-sex marriage,' framing the dispute as a marriage-recognition question. LiveLaw foregrounds instead the petitioners' constitutional challenge under Article 15, emphasising that the exclusion is based on sex and sexual orientation, not merely under-classification. LiveLaw also reports the court has reserved orders, while Hindustan Times says it will hear the matter on 2 November for technical clarifications, a discrepancy the sources do not reconcile. The petitioners' argument that the Cabinet Secretary's Committee cannot grant retrospective relief offers the concrete open point: the court's order, when it comes, will determine whether a tax statute can be read without altering marriage law.
Coverage: 2 sources, 2 neutral
Sources (2): hindustantimes.com (neutral report), livelaw.in (neutral report)
This brief was synthesised by AI from the 2 sources linked above, so one read covers every framing they carry. Methodology and corrections.
