Never miss a great news story!
Get instant notifications from Economic Times
AllowNot now


You can switch off notifications anytime using browser settings.

Politics and Nation

11,428.3087.15
Stock Analysis, IPO, Mutual Funds, Bonds & More

Will set aside HC's order restraining I-T dept from proceeding against Gautam Khaitan, says Supreme Court

While reserving its order, the apex court said it would favour that proceedings against Khaitan go on as per the law.

PTI|
Sep 18, 2019, 07.57 PM IST
0Comments
Agencies
1
Gautam Khaitan is one of the accused in the Rs 3,600 crore AgustaWestland VVIP chopper scam.
NEW DELHI: The Supreme Court said Wednesday it would "prima facie" set aside the Delhi High Court order restraining the Income Tax Department from taking any action against VVIP chopper scam accused Gautam Khaitan, against whom a separate black money case has been lodged. While reserving its order, the apex court said it would favour that proceedings against Khaitan go on as per the law.

A bench of justices Arun Mishra, M R Shah and B R Gavai reserved the order on the Centre's appeal against the high court's May 16 order which had also said that the 2016 black money law cannot be allowed to operate with retrospective effect from July 2015.

"We will give our prima facie opinion. We will set aside the order. We will say that proceedings will go on," the bench observed.

During the hearing, the bench asked Solicitor General Tushar Mehta, appearing for the Centre, as to how a penal law could operate with retrospective effect and observed that this is "purely a question of law".

Mehta, while referring to provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, said that the offence alleged against Khaitan is "a continuing offence".

He said though the government had given a one-time window to the people for voluntary disclosure of their foreign income and assets, Khaitan never disclosed it.

Mehta said the issue "deserves a final adjudication" by the apex court.

He said charge sheet has been filed in the case and charges are yet to be framed against the accused.

When the bench asked Khaitan's counsel as to whether the issue should be decided by the top court, the lawyer said the high court should decide it as the matter is pending there.

"Then we will have to give some prima facie opinion. We will have to pass some order otherwise this (high court) order could be used in other courts," the bench said.

The top court had in May this year stayed the operation of high court's May 16 order and had said it would hear the matter.

The high court, in its interim order, had stayed the Centre's notification to make operational the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, with effect form July 1, 2015.

Khaitan is one of the accused in the Rs 3,600 crore AgustaWestland VVIP chopper scam. In the high court, he has challenged the legality of various provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act.

Also Read

Supreme Court slams Gautam Khaitan's lawyer in black money case

SC sets aside HC order restraining IT dept from taking action against Gautam Khaitan

Fresh chargesheets against VVIP chopper scam accused Gautam Khaitan

ED identifies Gautam Khaitan’s six undeclared Singapore accounts

Comments
Add Your Comments
Commenting feature is disabled in your country/region.
Download The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.

Other useful Links


Follow us on


Download et app


Copyright © 2019 Bennett, Coleman & Co. Ltd. All rights reserved. For reprint rights: Times Syndication Service