Jayalalithaa moves HC to set aside lower court order

Chennai (PTI): AIADMK chief Jayalalithaa has moved the Madras High Court seeking to set aside a lower court order refusing to discharge her from a case under the wealth tax act for the assessment year 1993-94.
She also sought a stay of all further proceedings in the case pending before Additional Chief Metropolitan Magistrate, who on February 28 last, rejected her discharge petition.
Jayalalithaa contended that the rejection was erroneous and should be set aside.
The former chief minister, in her petition, said the trial court had not taken note of the fact that that mere non-filing of returns as claimed by the Income Tax department alone could not entail any prosecution.
It was necessary that criminal intent be established on the part of petitioner by the department, which it failed to do.
The trial court had erred in not taking note of specific submission that even in respect of various prosecutions launched against her by the Income Tax department, the Supreme Court had stayed further proceedings for fixing the quantum of income tax liability not having become final.
The trial court had also not properly applied the judgements, Jayalalithaa alleged.
Wednesday, May 21, 2008
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