SC sets aside HC order restraining IT dept from taking action against Gautam Khaitan

The apex court's order came on an appeal filed by the Centre against the May 16 order of the high court.

Khaitan is one of the accused in the Rs 3600 crore AgustaWestland VVIP chopper scam. (File photo)

The Supreme Court on Tuesday set aside a Delhi High Court order restraining the Income Tax department from taking any action against VVIP chopper scam accused Gautam Khaitan, against whom a separate black money case has been lodged.

A three-judge bench headed by justice Arun Mishra directed the high court, which had also said that the 2016 black money law cannot be allowed to operate with retrospective effect from July 2015, to decide the matter afresh.

The apex court’s order came on an appeal filed by the Centre against the May 16 order of the high court.

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During arguments before the top court, the Centre had referred to provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 and had said that offence alleged against Khaitan is a ‘continuing offence’.

The apex court had earlier stayed the operation of the high court’s May 16 order.

The high court, in its interim order, had stayed the Centre’s notification to make operational the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act with effect from July 1, 2015.

Khaitan is one of the accused in the Rs 3600 crore AgustaWestland VVIP chopper scam.

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In the high court he had challenged the legality of various provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.

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