Jaya property probe had no sanction

MUMBAI: The notice issued by the Income Tax department’s central circle to Samajwadi Party Member of Parliament Jaya Bachchan, seeking clarifications on the bungalow Jalsa, has become a talking point in I-T circles for an apparent disregard of procedure.

While the Bachchan family has been served nearly 40 notices since January this year, an I-T official attached to the central circle told DNA that the query regarding Jalsa was issued on April 21 in the form of a simple letter by Assistant Commissioner SR Wagh.

Even a joint commissioner is not authorised to launch investigations through such a letter without the sanction of the I-T commissioner. The letter, seeking details of the acquisition, should have been issued as a notice under section 133(6) or section 148 of the I-T Act, 1961.

After a written reply from Bachchan, a second letter was issued on May 29 in the same manner, seeking detailed bank statements. All the other notices to the Bachchan family were issued under relevant sections of the I-T Act, making these two letters distinct for their departure from procedure.

A senior I-T official told DNA, “The query letter issued to Jaya Bachchan by the assistant commissioner on the particular case falls outside the purview of the Income Tax Act as it failed to invoke sections from the Income Tax Act, 1961.” He added that approval of the I-T Commissioner was a prerequisite for such a letter of enquiry because it was issued by an assessing officer who is not part of the investigating wing of the I-T department.