Delhi High Court dismisses pleas of Gandhis, AAP challenging IT Dpt's decision of transferring tax assessments to Central Circle

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Synopsis

In addition to Gandhis and AAP, the court also upheld the decision of transfer assessments of the Sanjay Gandhi Memorial Trust, Rajiv Gandhi Foundation, Rajiv Gandhi Charitable Trust, Young Indian, and Jawahar Bhawan Trust. All of these trusts are associated with the Gandhis.

The Delhi High Court on Friday dismissed a batch of petitions by Rahul Gandhi, Sonia Gandhi, Priyanka Gandhi Vadra, Aam Aadmi Party, and others challenging the Income Tax department’s decision of transferring their tax assessments from faceless assessment to its Central Circle.

A division bench of Justice Manmohan and Justice Dinesh Kumar Sharma upheld the Income Tax authorities’ decision while observing that the transfer was in accordance with the law. However, the bench clarified that it did not examine the matters on merits.

The bench said that the parties are free to approach the appropriate statutory authority and that the transfer of their assessments to the Central Circle is for a “coordinated investigation”.

“The writ petitions along with pending applications are dismissed without no orders as to cost”, the court ordered.

A detailed copy of the Judgment is awaited.

Notably on March 15, the court had “reserved order” in the pleas. 

In addition to Gandhis and AAP, the court also upheld the decision of transfer assessments of the Sanjay Gandhi Memorial Trust, Rajiv Gandhi Foundation, Rajiv Gandhi Charitable Trust, Young Indian, and Jawahar Bhawan Trust. All of these trusts are associated with the Gandhis.

In the pleas, the Gandhis and others had challenged the order issued by the Principal Commissioner of Income Tax to transfer their cases for the assessment year 2018-19 to the Central Circle.

Case Title: Sanjay Gandhi Memorial Trust v. Commissioner of Income Tax (Exemption) & Ors and a batch of connected matter