The Delhi High Court on Tuesday sought the central government's reply on a plea filed by lawyer Gautam Khaitan, challenging a notice issued against him under the Black Money Act.
Khaitan, in his plea, sought setting aside of a November 8, 2018 notice, issued by the Income Tax Department under the provision of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act.
A Division Bench, headed by Justice Siddharth Mridul, asked the central government to file reply on the plea and listed the matter for further hearing on April 10.
Khaitan's lawyers -- senior advocates P.V. Kapur and Siddharth Luthra, and counsel Pramod Kumar Dubey told the court proceedings of the Income Tax Department for the assessment year 2019-20 is "bad in law as time for filing return of income has not yet expired".
They also said the question of determination of tax payable for the previous year 2018-19 does not, and cannot arise before the conclusion of the said previous year.
They also said the question of attempt to evade tax payable under the Act at this stage even before the conclusion of the previous year is illegal, null and void.
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Khaitan is also a co-accused in in a case related to AgustaWestland VVIP chopper deal.
Arrested last month, he is in judicial custody in a money laundering case.
Earlier, Khaitan was arrested by the Enforcement Directorate (ED) in September 2014 for his alleged involvement in the AgustaWestland deal.
He got bail in January 2015 and was again arrested along with Sanjeev Tyagi, another accused in the case, on December 9, 2016, by the Central Bureau of Investigation (CBI). He later secured bail.
The CBI charge sheet has described Khaitan as the brain behind the AgustaWestland deal.
--IANS
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