The Congress on Monday moved the Delhi High Court challenging the Income Tax Appellate Tribunal’s order of dismissing its plea seeking stay on the recovery of outstanding tax for the assessment year 2018-19, Live Law reported.

The matter was mentioned before a bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela. The Court allowed the listing of the matter on Monday only.

Senior Advocate Vivek Tankha mentioned the matter.

Tankha, also a Congress leader, said that party’s accounts have been frozen and their stay application was rejected by the Income Tax Appellate Tribunal last week.

“This is the peak time for elections. If we do not have the money, how will we fight? ITAT had protected us but now that is gone,” Tankha was quoted by Bar & Bench.

Also Read : Congress approaches Tribunal after I-T department seizes 65 crore from its bank accounts

The IT department had earlier issued notice to Congress for the recovery of 105 crores as outstanding tax for the assessment year 2018-19.

In an order passed on March 8, the ITAT ruled that the IT authorities had not made any error in denying the income tax exemption claimed by the Congress. The Tribunal also said that the Congress was unable to make out a strong prima facie case against such a denial of exemption by the IT authorities.

 In July 2021, The IT authorities had rejected the declaration of nil income by the Congress and demanded over 105 crores as tax.

In a judgement passed last week, the ITAT opined that Congress was required to furnish its return of income by ‘due date’.

The Congress had accused the BJP-led Centre of indulging in “financial terrorism” against it and alleged that the government had “looted” over 65 crore from its accounts to economically cripple the party ahead of Lok Sabha polls.

The Congress also alleged that the ruling party was attempting to “murder democracy” and drag the country to a “dictatorship raj”.

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Published: 11 Mar 2024, 11:44 AM IST


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