SC notice to IT Dept on Jayalalithaa's appeal

The Supreme Court on Friday issued a notice to the Income Tax Department on former TN chief minister J Jayalalithaa's plea challenging a Madras High Court verdict related to disclosure of an income of Rs 1.72 core for the assessment year 1998-99 u...

NEW DELHI: The Supreme Court on Friday issued a notice to the Income Tax Department on former TN chief minister J Jayalalithaa's plea challenging a Madras High Court verdict related to disclosure of an income of Rs 1.72 core for the assessment year 1998-99 under the Samadhan Scheme.

A Bench comprising Justices S H Kapadia and B Sudershan Reddy posted the appeal for final disposal on February 25.

The AIADMK chief has move the apex court against the High Court judgement setting aside an order by the Income Tax Settlement Commission (ITSC) accepting her application for disclosure of income under the scheme.

Senior advocates Harish Salve and Arun Jaitely appeared for Jayalalithaa.

While allowing the petition by the Income Tax Department against the order of the ITSC, the High Court had held that the inclusion of the amount in the I-T returns was not a "disclosure" by Jayalalithaa but a discovery by the assessment officer.

The High Court was of the view that AIADMK chief was not entitled to take advantage of section 245 (C) as the amount of Rs 1.72 crore had already been discovered by the assessing authority and added to the total income of the assessee.
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It had directed the ITSC to reject the application of Jayalalithaa.
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