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Spicejet TDS Lands Kalanithi on the Wrong Side of Law

Published: 22nd July 2015 04:11 AM  |   Last Updated: 22nd July 2015 05:39 AM   |  A+A-

NEW DELHI: A Delhi court on Tuesday summoned SpiceJet Ltd’s then chairman Kalanithi Maran and other company officials in two tax evasion cases for their alleged failure to deposit over Rs 147 crore TDS with the Income Tax Department for the financial years 2013-14 and 2014-15.

Additional Chief Metropolitan Magistrate Pritam Singh issued summons to Maran, the company and its then managing director S Natrajhen after taking cognizance of two complaints filed against them by the IT Department. The court directed them to appear before it on August 21.

Spicejet.jpg“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 financial year 2013-14 and 2014-15.”

“All accused be summoned for August 21, 2015, in both complaints for commission of offence under sections 276B, 278B read with section 278E of the Income Tax Act for financial year 2013-14 and 2014-15,” the court said.

It also took note of the two complaints filed by the IT Department against the three accused with identical allegations and said a survey under the Act was conducted on the business premises of the company on August 4, last year. It said that during the survey, it was found 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 financial year 2013-14 but failed to deposit the TDS amount.

Similarly, the company also made payment 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.

Show-cause notice Sent Last Year

During the period, Kalanithi Maran was the chairman and S Natrajhen the MD of the company. Show-cause notices were sent to the accused in September and October last year to which they had replied that they were non-executive chairman and MD.



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