HC refuses to quash IT case against Karti Chidambaram

13/05/2020, MOHAMED IMRANULLAH S.,CHENNAI

The Madras High Court on Tuesday refused to quash criminal prosecution launched by the Income Tax Department against Sivaganga Member of Parliament Karti P. Chidambaram and his wife Srinidhi Karti Chidambaram in 2018 for alleged tax evasion in 2014-15 and 2015-16.

Justice M. Sundar held that the contentions raised by the litigants before the High Court were clearly issues to be canvassed during the course of trial before a Special Court for cases against legislators and not grounds for quashing the entire prosecution before trial.

The allegation against the couple was that they had accepted part payment in cash for selling one of their properties at Muttukadu near Chennai to Agni Estates and Foundations Private Limited but did not disclose the cash receipts in their income tax returns.

Rejecting their preliminary argument that the launch of prosecution was barred by limitation, the judge said, the argument would pale into insignificance in view of applicability of provisions of the Economic Offences (Inapplicability of Limitation) Act of 1974.

The judge also agreed with Special Public Prosecutors N. Baskaran and M. Sheela for I-T department that the prosecution had been launched solely on the basis of searches and seizures and the contention related to absence of any assessment order need not be countenanced.