Neither the Income Tax Department nor the Congress on Sunday formally reacted to BJP leader Subramanian Swamy’s submissions before a lower court on Saturday that the department had levied a fine of ₹414 crore on Young Indian Private Ltd.
The department sources said assessment orders of individuals or unincorporated assessees were exempt under Section 8(1)(j) of the Right to Information Act and could not be disclosed. “Assessment is not a public proceeding,” an official said.
“If an assessment has been made by the assessing officer concerned, the findings can be challenged before the appropriate Commissioner of Income Tax (Appeals). Assessees have another option of taking the writ petition route on the grounds of breach of fundamental rights,” the official said. The Congress too maintained a tactical silence on the issue. According to a party source, “the matter has been taken note of and will be dealt with appropriately.”
On Saturday, Dr. Swamy told the court that the fine was imposed in connection with his complaint pertaining to the National Herald case, involving Congress leaders Sonia Gandhi and Rahul Gandhi, Young Indian and others. He submitted the said Income Tax papers in the court, which directed that they be kept in a sealed cover till further orders.
Counsel for the accused opposed Dr. Swamy’s submissions stating that he was not authorised, and it was unlawful for him, to possess the income tax documents. “Let him file an affidavit about how he got these documents. This can’t be taken on record,” counsel appearing for the Gandhis said.
The court posted the matter for hearing on March 27.
