High Court extends stay on proceedings against Sahara Group’s Subrata Roy in IT case

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Published: August 18, 2015 7:38:01 PM

Delhi High Court today extended till November 27 the stay on trial court proceedings against Sahara chief Subrata Roy, now in Tihar Jail, in an income tax case for allegedly not filing returns for a group company for the assessment year 2013-14.

Sahara, Subrata RoyThe High court extended relief to the Sahara Group’s chief Subrata Roy and others after they sought time to submit their reply to the affidavit filed by the IT department. (Reuters)

Delhi High Court today extended till November 27 the stay on trial court proceedings against Sahara chief Subrata Roy, now in Tihar Jail, in an income tax case for allegedly not filing returns for a group company for the assessment year 2013-14.

Justice Suresh Kait said the interim order of April 10, staying the proceedings and bailable warrants against two directors of Sahara India Commercial Corporation Ltd (SICCL), J B Roy and Ranoj Das Gupta, would continue.

It had earlier also stayed the production warrants issued by trial court against Subrata Roy.

The High court extended relief to the Sahara Group’s chief Subrata Roy and others after they sought time to submit their reply to the affidavit filed by the IT department.

The court, however, granted them last opportunity to file their rejoinders against the IT department affidavit.

“Rejoinder be filed within four weeks. List the matter for further hearing on November 27, 2015. Interim order granted on April 10, 2015, to continue,” the court said.

The IT department in its affidavit had contended that it had filed a complaint in the trial court against Roy and others as they had not filed their returns.

In its affidavit, it had also said that action was taken after issuing a show-cause notice to them and that the amounts claimed by the company and its directors as losses were not correct.

Through its April 10 order, the high court had also stayed the proceedings against SICCL which was made an accused in the case.

Besides Subrata Roy, J B Roy and Gupta have approached the court after warrants were issued against them, while another director, O P Srivastava, had also moved court seeking quashing of the trial court proceedings.

On March 24, the trial court had issued bailable warrants against J B Roy and Gupta for their failure to appear before it and had sought the presence of all the accused on April 15.

It had also issued production warrant for Subrata Roy and directed the jail authorities to produce him before it.

The IT department had on February 13 filed a complaint in the trial court against the company and its directors, Subrata Roy, J B Roy, O P Srivastava and Ranoj Das Gupta for not filing the return of the company for 2013-14.

They were booked for offence under Section 276 CC of the IT Act, which deals with failure to furnish return of income in due time.

The court had earlier taken cognisance of the complaint and issued summons to the five accused seeking their presence.

The income tax return was not filed by them till the time of filing of the complaint and cognisance taken by the court.

The IT department’s complaint said several notices were issued to the firm and its directors. In their letters, the accused had sought time to file the return but did not do so even after they were granted time.

Thereafter, the complaint was filed in the court, it has said.

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