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Tax Evasion Allegations: HC dismisses PIL as Income Tax Dept already Examined Transaction

Case Law Details

TaxGuru Citation
2024 taxguru.in 2990
Case Name
Ankur Gupta Vs Union Of India And Others (Delhi High Court)
Date of Judgement/Order
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Ankur Gupta Vs Union Of India And Others (Delhi High Court)

In the case of Ankur Gupta vs. Union of India and Others, decided by the Delhi High Court, the petitioner filed a Public Interest Litigation (PIL) under Article 226 of the Constitution. The PIL sought directions for authorities including the CBI, ED, Income Tax Department, and RBI to investigate alleged money laundering and tax evasion by a group of companies and individuals.

The petitioner’s main contention was that the issuance and subsequent undervalued transfer of shareholding from one respondent company to another, resulting in alleged loss to the public exchequer, warranted thorough investigation. They argued that despite submitting representations to various statutory authorities, including the Income Tax Department, no action was taken.

Respondent counsel, representing parties accused of wrongdoing, countered that the petition was motivated. They cited a previous dismissal of a similar petition against one of the respondents by the Division Bench of the High Court, with costs, on grounds of motivation. Additionally, they highlighted that the Income Tax Department had already conducted a search, seizure, and subsequent block assessment related to the impugned transactions. According to them, the department found no grounds for adverse action against their clients, indicating the matter had already been sufficiently investigated and resolved.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,237

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