On Monday, the Delhi High Court gave a huge setback to the Congress President Rahul Gandhi and his mother Sonia Gandhi. The court dismissed their petitions challenging the Income Tax department’s move to re-open their tax assessments for the financial year 2011-2012 with respect to National Herald newspaper case. It justified re-opening of mother-son duo’s tax assessments. As a result of the Delhi court’s move, now the income tax department in the days to come can scrutinize records for the assessment year 2011-12.
According to a Times of India report, a bench of Justice S Ravindra Bhat and AK Chawla observed that the Gandhis and senior Congress leader Oscar Fernandes “had the primary obligation to disclose the acquisition of shares” in the Young India (YI).
Referring to the plea of Gandhi scion, the High Court bench observed, “Had he disclosed in his returns or any related documents about the event (share acquisition) the primary fact would have been on the record” which would have enabled the IT officials to decide whether they wish to probe the acquisition or let it go. The court further added, “However, that is not the case. The TEP (petition filed by BJP MP Subramanian Swamy) and investigation reports – of subsequent vintage, therefore, constituted tangible material which justified reassessment.” It further added that in the case of Sonia and Fernandes, the “returns filed by them were processed under Section 143 (1) which are not treated as “assessments”
The National Herald case is a corruption case in which the Congress top brass, especially Sonia Gandhi and Rahul Gandhi, are alleged to have minted millions from an ailing news agency called National Herald. National Herald had become defunct by 2008. According to the court proceedings, as made public, the accused are allegedly charged with the provisions of misappropriation of property, criminal breach of trust, cheating and criminal conspiracy under the provisions of the Indian Penal Code.
The following people are accused of the offence, as petitioned by Dr. Subramanian Swamy:
Sonia Gandhi, Ex NAC Chairperson and MP from Rae Bareli
Rahul Gandhi, current President of Congress Party and MP from Amethi
Motilal Vora, ex AICC treasurer
Oscar Fernandes, ex Youth Affairs and Sports Minister and AICC General Secretary
Suman Dubey
Sam Pitroda, ex Chairman of National Knowledge Commission and ex advisor to the Prime Minister
The officials of Young Indian magazine
National Herald case could turn out to be a major headache for the Congress if the High court decides to give its final decision prior to the 2019 Lok Sabha elections. It has already been a touchy topic for the Congress leader and especially for the Nehru-Gandhi family which is directly related to the case. Rahul Gandhi and Sonia Gandhi being the prime accused in the case makes it a very important and sensitive one for the prospects of the party in the upcoming elections. A decision which is unlikely to go in their favour coupled with a timing which is before the 2019 elections will badly damage the reputation of Congress and make it impossible for them to project Rahul Gandhi as the prime ministerial candidate for the opposition. The public backlash which is sure to follow a defeat in the court case will also make their future look even bleaker.
