NH case: Subramanian Swamy tells court Rs 414 cr fine imposed by I-T dept against Gandhis' firm

Seeking a speedy trial in the National Herald case, Dr Subramanian Swamy has produced an IT order in court against the Sonia-Rahul Gandhi majority-owned company Young Indian. 

Swamy said that an order from the IT department, has reportedly cancelled Young Indian's -  a company whose majority owners are Sonia and Rahul Gandhi -  tax exemption certificate and asked the company to pay tax on income gain of Rs 414 crore. 

The 105-page order contradicts the Congress’ claim that of giving a loan to Associated Journals Limited (AJL), the published of the National Herald newspaper. The same order says that transactions were made to take over Rs 2000 crore worth of land and buildings assets of AJL.

The case has been adjourned till 17th March, the court ordered the documents to be kept in a sealed cover till then. 

#NationalHerald case adjourned till 17th March, Court orders the documents submitted by Subramanian Swamy to be kept in sealed cover till then.

— ANI (@ANI) January 20, 2018

The IT assessment order allegedly dated December 27 served to Young Indian cancels the tax exemption certificate issued to Young Indian and has asked the company to pay tax on income gain of Rs 414 crore.

According to rules, the fine can be anything between 100-300% of the concealed amount, along with criminal prosecution.
In 2012, Swamy had filed a case against Sonia Gandhi, Rahul Gandhi, Congress treasurer Motilal Vora, party leaders Oscar Fernandes, Suman Dubey and Sam Pitroda.

BJP leader Subramanian Swamy told a Delhi court that a Rs 414 crore fine was recently imposed on Young Indian Pvt Ltd by the Income Tax department in connection with the National Herald case filed by him against Congress leaders Sonia Gandhi, Rahul Gandhi and others.

Swamy submitted before Metropolitan Magistrate Ambika Singh that the I-T department had launched a probe against Gandhis, YI, and four other accused after taking note of his complaint in the case.

The court directed that the I-T department documents submitted by Swamy be kept in a sealed cover till further orders.

Swamy, in a private criminal complaint, has accused the Gandhis and others of conspiring to cheat and 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 to the Congress.

"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.

He said that he found the documents related to the I-T department's December 27, 2017 order lying along with newspapers at his doorstep recently.

The counsel for the accused persons opposed the BJP leader'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. This can't be taken on record," the counsel, appearing for the Gandhis, said.

The counsel said that an application will be filed in the court by the accused in this regard.

The magistrate then gave the direction for keeping the documents in a sealed cover.

During the proceedings, 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.

"In the petition challenging the Delhi High Court decision by which an appeal against the trial court order summoning the accused was dismissed, she (Sonia Gandhi) herself had filed these documents. Now they cannot say they will not admit or deny these papers," Swamy contended.

The court posted the matter for further hearing on March 27.

Earlier in November last year, Congress president Rahul Gandhi and mother Sonia Gandhi had filed their response to the application filed by BJP leader and petitioner in the case, Subramanian Swamy.

In the response, they stated that the application filed by Subramanian Swamy is not bonafide and has been filled with the sole object of "delaying the proceedings in a lifeless case."

The newspaper National Herald gained limelight after the BJP leader filed a case in 2012 against them.

Swamy, in his plea, alleged that the Congress granted an interest-free loan of Rs. 90.25 crore to Associated Journals Limited (AJL), owner of the National Herald newspaper.

Earlier on July 1, 2016, the Delhi court sought a reply from Sonia Gandhi, Rahul Gandhi and other party leaders on Swamy's plea. 

With inputs from agencies