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Synopsis

The Delhi High Court is all set to hear today the submissions by the Income Tax Department in the plea filed by Sonia Gandhi, Rahul Gandhi and Priyanka Vadra Gandhi, challenging the transfer of investigation against them to the Deputy Commissioner of Income Tax, Central Circle.

A division bench of Justice Manmohan and Justice Dinesh Kumar Sharma will be hearing the case today.

A case was registered against the Gandhis for assessment of income tax with respect to Sanjay Gandhi Memorial Trust, Jawahar Bhawan Trust, Rajiv Gandhi Foundation, Rajiv Gandhi Charitable Trust & Young Indian – except Jawahar Bhawan Trust (which was assessed by Ward 1(4), Exemption Delhi).

Initially, all these trusts were being assessed by Circle Exemption (2)(1), Delhi.

However, vide order dated 1st January 2021, all these cases were transferred to the Deputy Commissioner of Income Tax, Central Circle under Section 127 of the Income Tax Act.

The Gandhis have alleged that the order of transfer, did not mention any reason or purpose behind the transfer.

Therefore, a plea was filed challenging the order of transfer before the Delhi High Court. High Court stayed the impugned order on 22nd March 2021. Senior Advocates Arvind Datar and KV Vishwanathan appeared on behalf of the Gandhis. 

Case Title: SANJAY GANDHI MEMORIAL TRUST vs. COMMISSIONER OF INCOME TAX (EXEMPTION) & ORS and Connected Matters