SC to hear Sonia, Rahul’s appeal in tax case on Dec 4

The Supreme Court will hear an appeal by Congress president Rahul Gandhi and his mother Sonia Gandhi,challenging the Delhi High Court order refusing to give them relief in a case of re-opening of their tax assessments for 2011-12. Congress leader Oscar Fernandes, too, has challenged the September 10 verdict of the high court along with the Gandhis.

 

The Income Tax matter against the Congress leaders is linked to the National Herald case in which they are also facing a criminal case. The high court had refused to give them relief in the case, giving the opportunity to the Income Tax (I-T) Department to scrutinise their records.

 

Since the Income Tax department was represented by its counsel, the apex court did not issue any notice on their petitions The Income Tax department had filed a caveat in the apex court that it should be heard in case any appeal is filed against the high court order. A caveat is a legal procedure by which an application is filed by any party to the litigation to pre-empt an ex-parte order.

 

After a brief hearing, a bench comprising Justices A K Sikri and S A Abdul Nazeer said, “Since respondent (Income Tax department) has put in the appearance, we are not issuing a formal notice. However, we are fixing the matter for final arguments on December 4”.

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