Supreme Court Fixes December 4th for Final Arguments in Petitions Moved by Congress Leaders Challenging Reopening of Their Tax Assessment Records



Supreme Court Fixes December 4th for Final Arguments in Petitions Moved by Congress Leaders Challenging Reopening of Their Tax Assessment Records

The Supreme Court Bench comprising of Justices AK Sikri and SA Abdul Nazeer on Tuesday, fixed the matter pertaining the Petitions moved by Congress President Rahul Gandhi, his mother and All India Congress Committee (AICC) chairperson Sonia Gandhi along with Congress leader Oscar Fernandes challenging the Delhi High Court order dated September 10, on December 4 for final arguments.

The Delhi High Court bench of Justices S. Ravindra Bhatt and A K Chawla in its order dated September 10, had dismissed the pleas filed by Rahul Gandhi, Sonia Gandhi and Oscar Fernandes challenging reopening of their 2011-12 assessment by the tax department for not disclosing their directorship in Young Indian company.

The Court while dismissing the pleas permitted Income Tax department to continue with the process of reassessment of Income Tax of Rahul Gandhi, Sonia Gandhi & Oscar Fernandes for the year 2011-2012.

The Income Tax department had filed a caveat in the Supreme court that it should be heard in case any appeal is filed against the high court order.

The Supreme Court did not issue any notice on the Petitions moved as the Income Tax department was represented by its counsel and after a brief hearing fixed the matter for final arguments on December 4. The bench noted that, “Since the respondent (Income Tax department) has put in appearance, we are not issuing a formal notice. However, we are fixing the matter for final arguments on December 4”.

Solicitor General Tushar Mehta, appearing for the Income Tax department, submitted before the court that the issues raised by the Congress leaders were fallacious and their petitions should be dismissed.

The Congress leaders were represented by Senior advocates P Chidambaram, Kapil Sibal and Arvind Datar.

The reopening of tax assessment of Rahul Gandhi, Sonia Gandhi and Oscar Fernandes are in connection to the transactions held between National Herald and Young Indian Private Limited.

Subramanian Swamy in his complaint accused Sonia Gandhi, Rahul Gandhi and others of cheating, misappropriation of property, conspiracy and breach of trust in the acquisition of assets of the Associated Journals Limited (AJL) by Young India Private Limited company.

All India Congress committee (AICC)
Associated Journals Limited (AJL)
Rahul Gandhi
Sonia Gandhi
Young Indian company

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