New Delhi: The Supreme Court has postponed the hearing for the petitions filed by Congress leaders Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra, as well as the Aam Aadmi Party (AAP), challenging the transfer of their income tax assessments to the Central Circle, tasked with checking tax evasion, until December 13. The bench, led by Justice Sanjiv Khanna, noted that notice had yet to be issued on their petitions against the Delhi High Court's order denying them relief. Solicitor General Tushar Mehta stated that formal notice issuance was unnecessary, and the Income Tax department would not pass any final assessment order. The bench asked the IT department to bring the relevant file on December 13, the next hearing date.
The Gandhi family members, trusts associated with them, and AAP contested the May 26 common order of the Delhi High Court that dismissed their petitions against the Income Tax department's decision to transfer their IT assessments to the Central Circle, authorized to check tax evasion, rather than an ordinary assessment. The Gandhis had challenged the January 2021 order by the Principal Commissioner (Income Tax) to transfer their cases for the assessment year 2018-19 to the Central Circle related to arms dealer Sanjay Bhandari.
Bhandari, wanted in India on money laundering charges, has been accused of having business links with Priyanka Gandhi Vadra's husband Robert Vadra, who has denied any business connections with the fugitive arms dealer. The Central Circle, authorized to check tax evasion, takes over evidence gathered by the IT department's investigation wing during searches.
On May 26, the high court stated that it believed the assessments of the petitioners were transferred to the Central Circle in accordance with the law via the impugned orders passed under Section 127 of the (IT) Act. The court clarified that it had not examined the "controversy between the parties on merits" and stated that the Central Circle's jurisdiction is not confined only to search cases. No assessee has any fundamental or vested legal right to be assessed by a faceless assessing officer.
The Gandhis had opposed the transfer of their cases to the Central Circle on several grounds, including that they have nothing to do with the Sanjay Bhandari group's cases. The IT department opposed the petitions filed by the Gandhis and AAP in the high court, stating that the transfer orders were issued for "better coordination, effective investigation, and meaningful assessment," reflecting administrative convenience and exigency.
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