SC admits Gandhis’ I-T plea

NEWDELHI: The Supreme Court on Tuesday agreed to hear petitions by Congress chief Rahul Gandhi and United Progressive Alliance chairperson Sonia Gandhi challenging a Delhi high court order refusing to give them relief from reopening their tax assessments for 2011-12 in connection with the National Herald case.

A bench of justices AK Sikri and SA Nazeer told the department: “This matter needs consideration.” It fixed December 4 as the date for final arguments. A similar appeal by Congress leader Oscar Fernandes, too, will be heard in the next hearing.

Additional solicitor general Tushar Mehta, making an appearance on behalf of the Income-tax department, (I-T) opposed a detailed hearing, but the bench declined his request.

The HC order was given on September 11.

The income tax probe has arisen from the investigation into a private criminal complaint filed by Bharatiya Janata Party (BJP) leader Subramanian Swamy before a trial court.

Sonia Gandhi and Fernandes are shareholders in Young Indian, and the tax department claims they did not disclose their income from the company. Similarly, the department’s claims Rahul Gandhi withheld information of his directorship of Young Indian, which would have resulted in him having an income of ₹154 crore and not about ₹68 lakh, as was assessed for the year in question. In their submission, the petitioners said no income can be attributed for the purpose of levying tax because the shares they purchased belonged to a company under debt.