Rs 414 cr fine imposed by I-T dept on firm in Herald case: Swamy to court


New Delhi, Jan 20 (PTI): BJP leader Subramanian Swamy today told a Delhi court that a Rs 414 crore fine was recently imposed on Young Indian Pvt Ltd by the Income Tax department in connection with the National Herald case filed by him against Congress leaders Sonia Gandhi, Rahul Gandhi and others.

Swamy submitted before Metropolitan Magistrate Ambika Singh that the I-T department had launched a probe against Gandhis, YI, and four other accused after taking note of his complaint in the case.

The court directed that the I-T department documents submitted by Swamy be kept in a sealed cover till further orders.

Swamy, in a private criminal complaint, has accused the Gandhis and others of conspiring to cheat and misappropriate funds by paying just Rs 50 lakh, through which YI obtained the right to recover Rs 90.25 crore which Associate Journals Ltd owed to the Congress.

"The I-T department took notice of the facts in my complaint and launched an investigation against the seven accused. A Rs 414 crore fine was imposed on YI for withholding information," Swamy said in the court.

He said that he found the documents related to the I-T department's December 27, 2017 order lying along with newspapers at his doorstep recently.

The counsel for the accused persons opposed the BJP leader's submission alleging that the I-T documents were in "unauthorised and unlawful possession of Swamy" and they should not be taken on record.

"He (Swamy) can't be in possession of such documents. Let him file an affidavit about how he got these documents. This can't be taken on record," the counsel, appearing for the Gandhis, said.

The counsel said that an application will be filed in the court by the accused in this regard.

The magistrate then gave the direction for keeping the documents in a sealed cover.

During the proceedings, Swamy also told the court that certain documents filed by him, whose authenticity was challenged by the accused, were filed before the Supreme Court by Sonia Gandhi herself.

"In the petition challenging the Delhi High Court decision by which an appeal against the trial court order summoning the accused was dismissed, she (Sonia Gandhi) herself had filed these documents. Now they cannot say they will not admit or deny these papers," Swamy contended.

The court posted the matter for further hearing on March 27.

The Gandhis and the other accused -- senior party leaders Motilal Vora, Oscar Fernandes, Suman Dubey and Sam Pitroda -- have denied the allegations levelled against them in the case.

The court had summoned the accused persons, besides YI, on June 26, 2014.

On December 19, 2015, it had granted bail to Sonia Gandhi, Rahul Gandhi, Vora, Fernandes and Dubey, who had appeared before it pursuant to the summonses.

Pitroda was granted bail on February 20, 2016 when he had appeared in the court.

Sonia Gandhi, Rahul Gandhi, Vora (AICC treasurer), Fernandes (AICC general secretary), Dubey and Pitroda were summoned for the alleged offences of misappropriation of property, criminal breach of trust and cheating, read with criminal conspiracy of the Indian Penal Code.

  

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Comment on this article

  • mahesh, Mangalore

    Sun, Jan 21 2018

    The order which was passed on 27.12.2017, has a section which summarizes the “findings of fact” as per the Income Tax officer, arising via the assessment. This section deeply implicates the Gandhi’s as the findings are damaging. The Income Tax Department makes the following claims:
    1. Associated Journals Limited (AJL), owner of the National Herald newspaper which was established by Jawaharlal Nehru, decided to close down the business of publishing the newspaper in 2008, with the “oblique purpose” of making commercial use of the properties owned by AJL. The order also notes that these properties were obtained by AJL from Central and State Governments at “ridiculously low prices”.
    2. To avoid making payment to AJL and also payment of tax, a “scheme was devised”. The order states that this scheme was devised by Sonia Gandhi, Rahul Gandhi, Motilal Vora and Oscar Fernandes of AICC. Motilal Vora and Oscar Fernandes also represented AJL. The scheme involved “artificial and fraudulent steps” to takeover AJL
    3. The scheme was put into force on 23.11.2010 when Young Indian (YI), the company was incorporated and within 3 months i.e. by 26.02.2011 the scheme had been completed. In this time, 99% shares of AJL were allotted to YI. The order also claims that such a transfer violated the norms of the Companies Act as it existed on that day.
    4. The scheme, the order says, involved the “purchase of a non-existent loan of Rs 90.21 cr, by AICC to AJL, for a paltry sum of Rs 50 lacs”. The loan, the order claims, was in fact a book entry to transfer ownership of AJL.
    5. Next, the order claims that to arrange funds to but the non-existent loan as above, YI “had taken accommodation entries” of Rs 1 crore from a hawala entry operator in Kolkata. The order elaborates the nature of this “accommodation entry”. YI had claimed it had taken a Rs 1 cr loan from a M/s Dotex Merchandise Pvt Ltd. This, the Income Tax Department has deemed as an “accommodation entry” has deemed the commission of

    DisAgree Agree [1] Reply Report Abuse

  • MN, Mangalore

    Sun, Jan 21 2018

    People will hear only what they want to hear.

    DisAgree Agree [6] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Sun, Jan 21 2018

    This is a tax evasion allegation which will be only known once finalized in the court.Better we speculate less and await for the reality from the court

    DisAgree [5] Agree [6] Reply Report Abuse

  • KRPrabhu, Mangalore/Bangalore

    Sun, Jan 21 2018

    These news are only for entertainment...!
    BJP can't do anything....in last three and half years gone nothing....do nothing in remains period also...
    reason bueracrecy is with Congress....

    DisAgree [4] Agree [13] Reply Report Abuse

  • Valerian Dsouza, Udupi/Mumbai

    Sun, Jan 21 2018

    If the country is not ruled impartially, rulers will be solely responsible for making the country unruly, which was civilized for so many years!

    DisAgree [3] Agree [7] Reply Report Abuse

  • Rajesh, Udupi

    Sun, Jan 21 2018

    Yes.. in 70 yrs the currupt family has ruined this country.. sadly the sickkllars dont want to take responsibility..

    DisAgree [8] Agree [5] Reply Report Abuse

  • mahesh, Mangalore

    Sun, Jan 21 2018

    ab aayega mazaa.

    DisAgree [4] Agree [7] Reply Report Abuse

  • Harish, Mangalore

    Sat, Jan 20 2018

    Fake Gandhi family should go to jail. Last 70 years they looted this country. They looted more than EAST INDIA COMPANY, just in 70 years. Still some blind followers are glorifying them.

    DisAgree [13] Agree [9] Reply Report Abuse

  • Jenifer, Mangalore

    Sun, Jan 21 2018

    Oh yes, what is stopping the strong majority party from sending the to jail ???

    DisAgree [7] Agree [10] Reply Report Abuse

  • Sampath, India

    Sun, Jan 21 2018

    Don't send them to jail...they try to beg sympathy votes...instead keep the cases open for ever...

    DisAgree [4] Agree [4] Reply Report Abuse

  • SHAHID, SHIRVA

    Sun, Jan 21 2018

    They cant even Touch their hairs..sending jail is their dream..

    DisAgree [5] Agree [6] Reply Report Abuse

  • JAGDISH, mumbai

    Sun, Jan 21 2018

    Send all these chor family to kala paani let them serve rest of their life in jail...and ha send their slaves also with them so that they can form their new kai party in kala pani.We dont want our hindustan to get destroyed by these alibaba and his gangs.

    DisAgree [4] Agree [2] Report Abuse

  • Jenifer, Mangalore

    Sun, Jan 21 2018

    Jagdish,

    I agree with your view. The people including 'Mota Bhai' and son along with their supporters.

    DisAgree Agree [2] Report Abuse

  • SHAHID, SHIRVA

    Sun, Jan 21 2018

    Ha Ha..Tujko mirchi lagi to me kya karuuu...Jagdish remember this song..Now i understood this song was made for you....

    DisAgree [1] Agree [1] Report Abuse

  • Ramesh S, MANGALORE

    Sat, Jan 20 2018

    ..every one out on bail, even Rahul's mentor 'Pathrode' also on bail..no doubt independentt judiciary under threat..this is todays NDTV debate topic'Judiciary under threat'..

    DisAgree [14] Agree [10] Reply Report Abuse

  • Sunil Padival, Mangalore

    Sat, Jan 20 2018

    Bad news for Raul Vinci Khan and his followers and the Ktaka campaigning. BJP may sense victory.

    DisAgree [23] Agree [13] Reply Report Abuse

  • Vijay Benedict, Mangalore/Mumbai

    Sat, Jan 20 2018

    Let this Dynasty be treated on par with general public & action be taken accordingly by which yard stick these criminals should be behind bars.They also be barred from going abroad as with the noose tightening round theiir necks the chances of their fleeing abroad like Vijay Mallya are bright.

    DisAgree [15] Agree [13] Reply Report Abuse

  • Jenifer, Mangalore

    Sat, Jan 20 2018

    Anybody, whether a political leader or a common man, must undergo punitive measures if he/she broke the law. You Mr. Swamy, are an advocate who knows every hook and crook of the legal functioning. You promised us Indians that Sonias/Rahul and other members of YT will be sent to jail.

    Then, why just Rs. 414 Cr. fines ? Where is jail term ?

    DisAgree [5] Agree [26] Reply Report Abuse

  • Dev, Mangalore

    Sat, Jan 20 2018

    What a story by spin doctor Swamy,
    documents lying in front of his door along with news papers, so a notice to IT department should be sent by the court for their negligence or not handling any of their actions as per the norms & secrecy.
    Every one knows who is pulling the strings through IT, CBI & ED to create fake cases against the opposition leaders to silence their voices with Gujarath Model at National level.
    Every Drama has to end one day & the creator of all these stories & dramas instead of Vikaas will regret why he touched hornets nest while hiding many skeletons in his own cupboard.

    DisAgree [9] Agree [27] Reply Report Abuse

  • Swamy, Mangalore

    Sat, Jan 20 2018

    Are we giving money to the govt by way of tax for development of people and the nation or payment for these party revenge politics???. Has this lunatic swamy done anything for the nation other than digging at the opposition graves while keeping his and his patymen's graves clean and decorated by our tax money!?!?!?!....

    DisAgree [9] Agree [27] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sat, Jan 20 2018

    The Eccentric is Back ...

    DisAgree [13] Agree [26] Reply Report Abuse


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Title: Rs 414 cr fine imposed by I-T dept on firm in Herald case: Swamy to court



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