SC Issues Notice To IT Dept On DK Shivakumar's Plea For Discharge From Tax Evasion Charges [Read Petition]
Live LawThe Supreme Court on Monday issued notice in a plea filed by Karnataka Congress President, DK Shivakumar, urging the removal of charges filed against him by the Income Tax Department. The Criminal Review Petition in High Court had been preferred by the Congress leader as the Additional Sessions Judge, Bengaluru, had denied him relief in a case of undisclosed assets and tax evasion, registered under provisions of the Income Tax Act and Indian Penal Code. Under the Income Tax Act, 1961, it is argued, criminal prosecution may only be initiated if the Assessee's explanation regarding acquisition of money is found to be unsatisfactory. However, the Department chose to initiate proceedings against Shivakumar without waiting for returns to be filed and without an assessment order being passed after considering his submissions, asserts the petition.