Supreme Court permits I-T dept to reopen tax assessment of Rahul, Sonia in National Herald case

New Delhi, Dec 4 The Supreme Court Tuesday permitted the Income Tax Department to revive impose appraisal of best Congress leaders Rahul and Sonia Gandhi for 2011-12 regarding the National Herald case.

The apex court, in any case, controlled the office from implementing its request in the proceedings against Rahul, who is the Congress president, and his mom Sonia till the pendency of the matter before the court.

The court also said that it was not communicating any opinion on the merits of the pleas filed by Rahul and Sonia Gandhi in the case

The tax matter is identified with the National Herald case in which the Congress leaders are facing criminal proceedings.

A bench headed by Justice A K Sikri posted the issue for further hearing on January 8.

Specialist General Tushar Mehta, showing up for the I-T division, said the court ought not control it from actualizing the evaluation orders against the Gandhis and others.

He said the court ought to hear the issue and pass appropriate orders.

However, the bench, also comprising Justices Ashok Bhushan and S Abdul Nazeer, said that because of the lack of time, the issue can't be heard on Tuesday and it is only a break arrange which ought to be impartial to both the parties.

It clarified that it isn't going into the benefits of the case for which it requires a detailed hearing.

The Gandhi and senior Congress pioneer Oscar Fernandes have tested the Delhi High Court's September 10 decision that rejected their plea against the re-opening of their tax assessments for 2011-12.

The apex court on November 13 had said it would hear last contentions on December 4 on the issue which required "thought".

It had not issued formal notice on the petitions documented by Rahul, Sonia and Fernandes as the I-T Department was represented by its counsel.

They have challenged the judgement of the high court which had offered chance to the division to scrutinise their records.

In the last hearing, their lawyers had said the question was whether the reasons given in the notice by the department were right or not.

Senior supporters Kapil Sibal, P Chidambaram and Arvind Datar have been showing up for the Congress pioneers.

The salary charge test against the Congress pioneers has emerged from the test into a private criminal dissension recorded by BJP pioneer Subramanian Swamy under the watchful eye of a preliminary court here regarding the National Herald case, in which the trio are out on safeguard.

Sonia and Rahul were allowed safeguard for the situation by the trial court on December 19, 2015.

A tax evasion petition (TEP) was also addressed to the finance minister by Swamy.

In the complaint before the trial court, Sonia, Rahul and others have been accused for scheming to cheat and misuse assets by paying just Rs 50 lakh, through which Young Indian (YI) had acquired the privilege to recuperate Rs 90.25 crore Associated Journals Ltd (AJL) owed to the Congress party.

It was asserted that YI, which was consolidated in November 2010 with a capital of Rs 50 lakh, had gained all the shareholding of AJL, which was running the National Herald paper.

The I-T department had said the shares Rahul has in YI would lead him to have a pay of Rs 154 crore and not about Rs 68 lakh, as was assessed earlier.

It has as of now issued an interest see for Rs 249.15 crore to YI for the evaluation year 2011-12.