No Supreme Court relief for Rahul and Sonia Gandhi

New Delhi: The Supreme Court  on Tuesday allowed the income-tax department to reopen tax assessment of top Congress leaders Rahul and Sonia Gandhi for 2011-12 in connection with the National Herald case.  The apex court, however, restrained the department from implementing its order in the proceedings against the Congress president and his mother till the pendency of the matter before the court.

The court also said that it was not expressing any opinion on the merits of the pleas filed by Mr Gandhi and his mother.

The tax matter is related to the National Herald case in which the Congress leaders are also facing criminal proceedings.  A bench headed by Justice A.K. Sikri posted the matter for hearing on January 8.

Solicitor General Tushar Mehta, appearing for the I-T department, said the court should not restrain it from implementing the assessment orders against the Gandhis and others. He said the court should hear the matter and pass appropriate orders.

But the bench, also comprising Justices Ashok Bhushan and S. Abdul Nazeer, said that due to the paucity of time, the matter cannot be heard on Tuesday and it is just an interim order which should be equitable to both the parties.

The Gandhis and senior Congress leader Oscar Fernandes have challenged the Delhi High Court’s September 10 verdict that dismissed their plea against the re-opening of their tax assessments for 2011-12. The apex court on November 13 had said it would hear final arguments on December 4 on the matter which required “consideration”.

Senior advocates Kapil Sibal, P Chidambaram and Arvind Datar have been appearing for the Congress leaders.

The I-T probe against the Congress leaders has arisen from the probe into a private criminal complaint filed by BJP leader Subramanian Swamy before a trial court  in connection with the National Herald case.