The Delhi High Court today dismissed the plea of Dabur promoter Pradip Burman, whose name has cropped up in the blackmoney list, seeking to stay proceedings in a case of alleged tax evasion against him in the trial court.
Burman is facing prosecution in a complaint filed by the Income Tax Department alleging that he was holding foreign bank accounts which he had not disclosed in his income tax returns and there were undisclosed deposits in those accounts.
He had challenged the trial court's February 19 order by which his plea for staying the proceedings was dismissed.
Justice Suresh Kait, while upholding the trial court's decision, said Burman had admitted to having a foreign bank account in Zurich, Switzerland, only after the IT department started investigating and since it was an undisclosed account having undisclosed income, it needed to be examined.
"..It is crystal clear that the petitioner had admitted to having bank accounts outside India only after the investigation by the Income Tax Department. The said foreign account was the undisclosed account and the deposits therein relates to his undisclosed income and the same needs to be examined," the high court said.
"Therefore, I am of the considered opinion that there is no illegality, infirmity or perversity in the order dated February 19, 2015 passed by the trial court. Thus, finding no merit in the instant petition, the same is hereby dismissed," Justice Kait said.
Burman had sought stay on the criminal proceedings against him on the ground that he had filed an appeal against the Income Tax department's assessment order.
The IT department had in its complaint in the trial court said that when Burman was questioned, he denied having any account in a foreign bank. But later when confronted with several documents, he had allegedly admitted to having bank accounts abroad.
Two separate cases were lodged against Burman under IT Act for offences relating to concealment of income and tax evasion. The cases relate to assessment years 2006-07 and 2007-08.
The government had on October 27 last year disclosed before the Supreme Court eight names, including that of Burman, against whom it started prosecution for allegedly stashing black money in foreign banks.
