Delhi HC dismisses Sonia Gandhi, Rahul's pleas

India

10 Sep 2018

#NationalHeraldCase: Delhi HC rejects Sonia, Rahul's pleas challenging tax assessments

The Delhi High Court has dismissed the pleas of Congress leaders Sonia Gandhi and Rahul Gandhi challenging reopening of their tax assessments for 2011-12.

A bench of Justices S Ravindra Bhat and AK Chawla said, "The writ petitions have failed."

It also dismissed the petition of Congress leader Oscar Fernandes who too had challenged reopening of his tax assessment for 2011-12.

Here's more.

Delhi HC

I-T Dept asked not take coercive steps against Congress leaders

The Delhi HC had on August 16 reserved its order on the pleas of the three Congress leaders after the Income Tax Department had contended that Rahul Gandhi's tax assessment for 2011-12 was reopened as material facts were concealed.

The bench had orally asked the tax department not to take any coercive step against Sonia, Rahul, and Fernandes till pronouncement of its verdict.

Details

Have faith in Additional Solicitor General's oral statement: Chidambaram

Senior advocate P Chidambaram, appearing for Sonia Gandhi, had said at the time (in August) that he had faith in the oral statement made by the Additional Solicitor General Tushar Mehta.

Mehta had argued that the Congress leaders had alleged mala fide on the part of the Income Tax Department but had not made any averments in this regard.

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Subramanian Swamy's complaint in relation to National Herald case

The income tax cases against the Congress leaders have arisen from the probe into the private criminal complaint filed by BJP leader Subramanian Swamy before a trial court in connection with the National Herald case.

Complaint

Sonia, Rahul accused of conspiring to cheat, misappropriate funds

Swamy's complaint accuses Sonia, Rahul, and others of conspiring to cheat and misappropriate funds by paying just Rs. 50L, through which Young Indian (YI) obtained the right to recover Rs. 90.25cr that Associated Journals Ltd (AJL) owed to Congress.

YI, which was incorporated in Nov'10 with a capital of Rs. 50L, allegedly acquired almost all shareholdings of AJL, which was running the National Herald.

Tax Assessments

I-T Dept issued demand notice for Rs. 249.15cr to YI

The I-T Dept said Rahul's shares in YI would lead him to have an income of Rs. 154cr and not Rs. 68L as assessed earlier.

It already issued a demand notice for Rs. 249.15cr to YI for AY 2011-12.

The Department's move followed its probe on a complaint alleging the Gandhis had misappropriated AJL's assets while transferring their shares to the newly-formed Young Indian.

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Sonia Gandhi

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Young Indian

Young Indian Pvt. Ltd.

Additional Solicitor General Tushar Mehta

AJL

AK Chawla

Associated Journals Ltd

AY 2011-12

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Justices S Ravindra Bhat

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Tushar Mehta

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