National Herald case: Hearing against Sonia, Rahul adjourned till Mar 27

BJP MP Subramanian Swamy on Saturday produced before a Delhi court an Income Tax assessment order against the Young Indian company, in which majority shares are held by Congress leaders Sonia Gandhi and Rahul Gandhi.

The order dated December 27 of last year, served on Young Indian (YI), cancels the tax exemption certificate issued to the firm and declares that it should pay tax for the concealed income gain, amounting to Rs 414 crore.

Metropolitan Magistrate Ambika Singh directed that the I-T department documents, which were submitted by Swamy, be kept in a sealed cover till further orders.  The court posted the matter for further hearing on March 27.

Seeking a speedy trial, Swamy submitted that the I-T department had launched a probe against the Gandhis, Young Indian, and four other accused after taking note of his complaint.

Genesis

Swamy accused the Gandhis and others of conspiring to misappropriate funds by paying just Rs 50 lakh, through which YI obtained the right to recover Rs 90.25 crore which Associate Journals Ltd owed the Congress.  The 105-page order contradicts the Congress party's claim of giving Rs 90 crore loan to Associated Journals Limited (AJL), the publisher of the National Herald newspaper. The order adds that the transaction was made to take over Rs 2,000 crore worth of land and building assets of AJL, he said.

"The I-T department took notice of the facts in my complaint and launched an investigation against the seven accused. A Rs 414-crore fine was imposed on YI for withholding information," Swamy said in the court.

The counsel for the accused persons opposed Swamy's submission alleging that the I-T documents were in "unauthorised and unlawful possession of Swamy" and they should not be taken on record. "He (Swamy) can't be in possession of such documents. Let him file an affidavit about how he got these documents," the counsel appearing for the Gandhis said.

Swamy said he found the documents related to the I-T department's December 27 order lying along with newspapers at his doorstep recently. Swamy also told the court that certain documents filed by him, whose authenticity was challenged by the accused, were filed before the Supreme Court by Sonia Gandhi herself.

On December 19, 2015, the court had granted bail to Sonia Gandhi, Rahul Gandhi, Congress treasurer Vora, CWC member Oscar Fernandes and Gandhi family's friend Suman Dubey, who had appeared before it following summons. Technocrat Sam Pitroda, also an accused, was granted bail on February 20, 2016.