A Delhi court has summoned former chairman of SpiceJet airline Kalanithi Maran, its former managing director and the company as an accused in connection with an alleged tax evasion case, accused of failing to deposit over Rs 147 crore TDS with the income tax department. Additional Chief Metropolitan Magistrate (ACMM) Pritam Singh directing all the accused to appear before it on August 21 issued summons to Maran, the firm and its then managing director S Natrajhen after taking cognizance on two complaints filed against them by the dept for FY14 and FY15.
“From perusal of complaint, materials available on record, testimony of complainant witness 1 and aforesaid discussions, prima facie disclose commission of offence under sections 276B (if a person fails to pay to the credit of central government the tax deducted at source by him ), 278B (offences by companies) … read with Section 278E (presumption as to culpable mental state) of the Income Tax Act for FY14 and FY15. Hence cognizance of the offence is taken in both the complaints,” ACMM Singh said.
In the present case, the IT department who filed the two complaints through advocate Brijesh Garg — has alleged that the company had made payments to its deductees and deducted TDS against various payments to the tune of Rs 110.6 crore during the FY14 but failed to deposit the TDS amount within the time frame. It further alleged that airlines made payments to its deductees and deducted TDS against various payments to the tune of Rs 36.5 crore during the financial year 2014-15 but failed to deposit it in the government account within stipulated period.
Meanwhile, the IT official, the complainant in the case stated that show cause notices were sent to the accused in September and October last year — to which they had replied that Maran was non-executive chairman and Natrajehn was the MD for the relevant fiscal. He had further deposed that during the survey operation, the official had recorded the statement of R Neelkantan, CFO of the firm, under which it transpired that it had allegedly defaulted in depositing TDS amount of Rs 110 crore and Rs 36.5 crore for FY14 and FY15 in the government account.