• Eligibility for OBC - NCL- Parents file ITR on timely basis

Hi,
My dad has a proprietorship firm and he is in partnership with mom in another business.
Both of them have been filing their ITR on a timely basis.
Annual income reported in ITR- 
Dad: 
Mom:
Since parent's, last year income sums up to less than 6 lpa, Is I am eligible for reservation benefit under OBC-NCL ?
Asked 6 years ago in Constitutional Law

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3 Answers

you should be eligible for benefit under OBC NL

2) what is necessary is that income shall be less than 6 lakh on any previous year for last 3 years.

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Hi

Please refer to DOPT Memorandum, Govt. of India Order on Creamy Layer i.e. OM No. 36012/22/93-Estt.[SCT] dt. 8 Sep 1993.

In the Schedule of the OM under Column No. 3 "To Whom Rule of Exclusion apply" at pt. no. VI. Income/Wealth Test it is mentioned as follows:

"Son(s) and daughter(s) of

(a) Persons having Gross Annual Income of Rs. 6 Lakhs or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of 3 consecutive years would be in the Creamy Layer.

(b)........

Explanation:

(i) Income from Salaries or Agricultural Land shall not be clubbed.

(ii)......"

Conclusion from the above DOPT OM is as follows:

a) Salary of Parents < Rs. 6 Lakhs p.a. - NON-Creamy Layer provided Income from Other sources of Parents < Rs 6 Lakhs p.a.

b) Income from Other Sources [other than salaries and agricultural land] of Parents < Rs. 6 Lakhs p.a. - NON-Creamy Layer

c) Non Creamy Layer - Salary of both parents should be below Rs. 6 Lakhs AND Income from Other Sources should be below Rs. 6 Lakhs, though combinedly it may exceed Rs. 6 Lakhs.

d) The Criteria is that the combined income of your parents should have to exceed for 3 consecutive years for you to be declared as Creamy Layer. Exceeding Rs. 6 Lakhs in 1 year is not a problem

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Since the income for all three consecutive years should not exceed 6 lakhs, you are eligible because last years's income was less than 6 lakhs

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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