Out of the 26 individuals of Indian origin or nationality who allegedly stashed black money with lGT bank in liechtenstein, the Centre on Tuesday disclosed to Supreme Court a list of 18 people, who are being prosecuted for tax frauds. However, the Centre did not reveal the name of eight people who have been given clean chit by the Indian-Tax authorities.
In an affidavit filed in apex court, the Centre said, “Out of the 26 cases, investigations in 18 cases have been concluded by the Income-Tax Department and prosecutions have been launched in 17 cases (one taxpayer has expired).”
The list included five members of Dhupelia family of Ambrunova Trust and Marline Management SA (Manoj Dhupelia, Rupal Dhupelia, Mohan, Bhavya and Ambrish Dhupelia), four members of Manichi Trust (Hasmukh Ishwarlal Gandhi, Chintan Gandhi, Madhu Gandhi and late Mirav Gandhi), four members of Ruvisha Trust (Chandrakant Ishwarlal Gandhi, Rajesh Gandhi, Viraj Gandhi, Dhanalaxmi Gandhi) and two persons of Dainese Stiftung and Dryade Stiftung - Arunkumar Ramniklal Mehta and Harshad Ramniklal Mehta. The remaining three were individuals KM Mammen (Webster Foundation), Arun Kochhar (Urvashi Foundation), and Ashok Jaipuria (Raj Foundation).
Solicitor-General Mohan Parasaran informed the court that the details were supplied to India by Germany in March 2009 under the Indo-German Double Taxation Convention that restricts sharing of information only with courts and agencies involved in prosecution of tax crimes under domestic tax laws.
In all 12 trusts/entities involving 26 individuals were placed under probe that resulted in 17 prosecutions. Claiming confidentiality under the Convention, the Centre placed all documents and information pertaining to the 17 in a sealed cover.With regard to remaining eight people, Parasaran said that investigations were concluded. “No evidence of tax evasion in terms of Indian tax laws was found,” the affidavit said, placing the documents and information including identities of the eight in a sealed cover.
The petitioner senior advocate Ram Jethmalani informed the court that the list of 18 names was just a “joke” as in all Indians held to the tune of Rs 90 lakh crore in foreign banks. His lawyer senior advocate Anil Divan objected to the claim of confidentiality by Centre. Referring to the July 4, 2011 order that mandated Centre to supply all information received from Germany (except where prosecution is pending) to the petitioner, Divan said that the very same argument of confidentiality with Germany was rejected by the court earlier.
The Bench of Justices Hl Dattu, Ranjana Desai and Madan lokur said, “We do not intend to open the sealed covers as we intend to discuss among ourselves before passing on information to the petitioner.” The Court fixed the case for hearing on Thursday at 4 pm. ON the next date, the Court would also decide on the names of two former SC judges to head the SIT which will monitor prosecutions in the 17 cases.