Setback for Rahul, Sonia; HC allows IT probe into National Herald case

Posted May 13, 2017

In a development bound to trouble the Gandhi family and the Congress party, the Delhi High Court today cleared a lower court order for an income tax probe into Young Indian Private Ltd, which owns the now-defunct National Herald newspaper and its properties. "You can't be arrogant", the Bench said, adding that Young Indian Pvt.

But, as the company has not even approached the assessing officer, it should submit documents before the department.

Earlier, the Patiala House Court had allowed the income tax authorities to investigate the Gandhis, which was challenged in the Delhi High Court.

Swamy also alleged that the Congress Party lent more than Rs. 90 crore to Associated Journals Limited for commercial purposes at zero interest, which is prohibited as per Section 29A to C of the Representation of People Act, 1951 and Section 13A of Income Tax Act, 1961.

Besides the Gandhis, Congress leaders Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda and YI are accused in the case. Some even ran a media report that Sonia Gandhi and Rahul Gandhi have been asked to appear before the court.

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The IT departments move to issue notices followed its probe on Swamys complaint alleging that the Gandhis had misappropriated AJLs assets while transferring their shares to the newly formed Young India. But, the fact that they said that they gave loans to National Herald for running the paper was from the Congress Party's funds.

Mar 11: Court allows Swamy's plea to summon INC documents for the year 2010-2011. YI is a non-profit company: Congress In its response, the Congress said that YI had raised some jurisdictional issues concerning the I-T department in the Delhi High Court, but withdrew its petition after being "satisfied" with the court direction. The counsel for the I-T department opposed the petition, saying the firm has not moved the assessing officer and its plea was not maintainable.

Besides YIL, the court had summoned the accused individuals on 26 June, 2014.

Speaking to CNN-News18, BJP leader and Rajya Sabha member Subramanian Swamy said that these cases will see the light of day. However, the court on 19 December, 2015 had granted bail to Sonia Gandhi, Rahul Gandhi, Vora, Fernandes and Dubey, who had appeared before it pursuant to summons.

In 1938 during the freedom struggle, Jawaharlal Nehru, who went on to become Independent India's first prime minister, started the National Herald newspaper.