I-T case: HC asks Maran to prove his innocence
Sureshkumar.K@timesgroup.com
Chennai:11.10.2018
The Madras high court has dismissed former Union minister Dayanidhi Maran’s petition challenging the income tax department order for reopening his assessments filed for 2008-09 and 2009-10.
Dismissing the plea, Justice S M Subramaniam said that Maran, who was holding high position as Union minister, was duty-bound to respond to the notice to prove his innocence.
Contrarily, the pleas have been filed at the notice stage itself, and the same will hamper all further proceedings of the department and such an idea would never be encouraged by courts.
The issue pertains to notices issued by the department and consequent orders passed on January 13, 2016, and December 8, 2016, reopening the assessment based on the allegations levelled in the charge sheet filed by the CBI in connection with Aircel-Maxis case.
During the course of the hearing, Maran contended that the orders were passed without proper justification and moreover, it cannot sustain as the trial court has discharged him from all the charges through an order dated February 2, 2017.
He further contended that he has no common economic interest in the Sun Direct TV Limited and South Asia FM Limited owned by his brother Kalanithi Maran against which similar proceeding are initiated.
Opposing the plea, additional solicitor general G Rajagopalan submitted that as per section 147 of IT Act, if the assessing officer has reason to believe that any income might escaped assessment, such notice can be issued.
Refusing to concur with the submission of the petitioner the judge said, “When one of the family members or one of the families have dealt with the issues in a particular manner creating an impact in respect of other family members and the transaction appears to be having some interest over the writ petitioner then the department has every reason to believe that the transactions are multi folded.”
Sureshkumar.K@timesgroup.com
Chennai:11.10.2018
The Madras high court has dismissed former Union minister Dayanidhi Maran’s petition challenging the income tax department order for reopening his assessments filed for 2008-09 and 2009-10.
Dismissing the plea, Justice S M Subramaniam said that Maran, who was holding high position as Union minister, was duty-bound to respond to the notice to prove his innocence.
Contrarily, the pleas have been filed at the notice stage itself, and the same will hamper all further proceedings of the department and such an idea would never be encouraged by courts.
The issue pertains to notices issued by the department and consequent orders passed on January 13, 2016, and December 8, 2016, reopening the assessment based on the allegations levelled in the charge sheet filed by the CBI in connection with Aircel-Maxis case.
During the course of the hearing, Maran contended that the orders were passed without proper justification and moreover, it cannot sustain as the trial court has discharged him from all the charges through an order dated February 2, 2017.
He further contended that he has no common economic interest in the Sun Direct TV Limited and South Asia FM Limited owned by his brother Kalanithi Maran against which similar proceeding are initiated.
Opposing the plea, additional solicitor general G Rajagopalan submitted that as per section 147 of IT Act, if the assessing officer has reason to believe that any income might escaped assessment, such notice can be issued.
Refusing to concur with the submission of the petitioner the judge said, “When one of the family members or one of the families have dealt with the issues in a particular manner creating an impact in respect of other family members and the transaction appears to be having some interest over the writ petitioner then the department has every reason to believe that the transactions are multi folded.”
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