Tax evasion: Court upholds jail term for Romesh Sharma

Sharma,a former Congress leader,was told by the court that the magistrate had “rightly” adopted a “stern” view while awarding the punishment and that there was no reason for interfering with the order.

A magistrate had convicted Sharma in March last year,after Income Tax officials recovered a helicopter,a fleet of imported cars and costly watches,apart from cash,from his palatial farmhouse.

According to the prosecution,Sharma had not deposited his dues despite sufficient reminders by the I-T Department. In 1987-88,the tax amount overdue was Rs 2.47 crore; in 1988-89 the overdue amount was Rs 21 lakh,and in 1989-90 he owed Rs 25 lakh to the I-T Department.

Interestingly,Sharma,in his appeal,called himself “poor” and “indigent” while pleading that he did not have adequate finances to pay the taxes. He also claimed that he did not own the imported cars or the farmhouse and the I-T officials had falsely implicated him.

Additional Sessions Judge (ASJ) Nivedita Anil Sharma,however,dismissed his argument. “This plea does not appear to be justified as he was maintaining a big accommodation,besides having a fleet of imported cars at his disposal along with numerous watches and cash. He must have spent huge amounts maintaining the house,cars etc,which implies that he could also have paid the income tax that he deliberately failed to pay.”

The court further said that his standard of living,as revealed from the records,belied his plea.

ASJ Sharma also refused to entertain Sharma’s argument that the I-T department had not conducted auctions of the recovered cars and valuables,thus raising doubts on the verity of the case. Auction proceedings had nothing to do with his crime of tax evasion,the judge held.

Sharma’s request for release on probation for good conduct also failed to find favour. “I am not inclined to take a lenient view by imposing only a fine or releasing him on probation,” said ASJ Sharma.

Sharma faces prosecution in several criminal cases. He was sentenced to life for the murder of his fashion designer girlfriend Kunjum Budhuiraja at his farmhouse in 1999. His appeal against the conviction is currently pending at the Delhi High Court.