Karnataka HC junks I-T dept plea against DKS’ discharge- The New Indian Express

By Express News Service

BENGALURU: The Income Tax Department suffered an enormous setback on Monday with the Karnataka High Court upholding the orders handed by the Special Court, discharging Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar, in instances of tax evasion and destroying proof. 
Justice John Michael Cunha dismissed the appeals filed by the I-T Department against Shivakumar discharge from all of the three instances. 

The I-T Department had filed three felony revision petitions earlier than the High Court against three separate orders handed by the Special Court to attempt felony instances against MPs/MLAs, within the metropolis. The orders allowed the functions filed by Shivakumar in search of discharge from the alleged offences, in February 2019.

The I-T Department filed three complaints underneath Section 276C(1) of Income Tax Act, learn with Sections 201 and 204 of IPC, against Shivakumar for alleged evasion of tax to the tune of Rs 3.14 crore, Rs 2.56 crore and Rs 7.08 crore for the evaluation years 2015-16, 2016-17 and 2017-18, respectively, and in addition for destroying proof. 

I-T Dept had challenged spl court docket order

When a search was performed by the I-T Department on August 2, 2017, Shivakumar was at Eagleton Resort close to Bidadi. On seeing the I-T sleuths, he allegedly tore a bit of paper and this was handled as an try and destroy proof. Later, it was discovered that he had evaded taxes.Hearing Shivakumar’s pleas, the Special Court discharged him from all three instances. The I-T Department moved the HC. 

The letter that was allegedly torn by Shivakumar, reassembled and produced earlier than the court docket doesn’t  make out a case to border a cost underneath Sec 201 of IPC, the Special Court felt, whereas granting liberty to the I-T Department to launch prosecution afresh after estimating the undisclosed earnings of  Shivakuamar.

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