Bengaluru, Feb 5: Water resources minister DK Shivakumar has moved the high court, challenging the prosecution launched against him by the income tax department for wilfully attempting to evade tax and filling false I-T statement.
In his petition, the minister claimed the May 28, 2018, sanction for prosecution granted by the principal director (investigation) of the I-T department to the deputy director of I-T department (investigation), Bengaluru, and the consequent complaint lodged against him before a special court for economic offences in Bengaluru is without jurisdiction.
In addition, Shivakumar also challenged the order of taking cognisance by the special court on June 18, 2018, for offences under sections 276 C(1) and 2777 of I-T Act, 1961, and also IPC sections 193, 199 and 120-B, claiming that under the scheme of law, only the I-T commissioner was empowered to grant such a sanction.
Further, the minister questioned the summons issued on January 17 by the assistant director, Enforcement Directorate, New Delhi, under Prevention of Money Laundering Act, 2002, requiring his personal appearance along with documents on February 8. According to him, the entire proceedings launched against him are without jurisdiction and needs to be quashed.
It may recalled that the I-T department had conducted searches at Shivakumar’s residence in Bengaluru on August 2, 2017, besides other premises in Bengaluru and New Delhi.
Based on the May 28, 2018 sanction order, a complaint was lodged against Shivakumar and others, including businessman Sachin Narayan, Sunil Kumar Sharma, proprietor of M/s Sharma Transports, Anjaneya Hanumanthaiah, an state government employee working as an assistant liaison officer in Karnataka Bhavan, New Delhi, and Rajendra N, a retired caretaker of Karnataka Bhavan, New Delhi.
Fund siphoning case: Judge recuses himself from hearing
Justice R Devdas on Monday recused himself from hearing the petition filed by S Murthy, suspended secretary of Karnataka legislature. The petition will now come up before another bench.
Murthy has challenged the December 27, 2018 order passed by the Karnataka legislative assemblyspeaker, suspending him over alleged siphoning of funds sanctioned to conduct winter session of legislature in Belagavi in 2016-17.
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