Chennai, May 27: The Madras High Court today admitted a petition filed by AIADMK supremo J Jayalalithaa, seeking to set aside a lower court order dismissing her discharge petition in the wealth tax case.
Admitting the petition, Justice M Venugopal ordered notice to the Income Tax Department to file its counter within two weeks and posted the hearing of the matter to June nine.
In her petition, Ms Jayalalithaa submitted that Assistant Commissioner of Wealth Tax, Central Circle-II, of the Income Tax Department, Chennai, had lodged a complaint against her under Section 35 B of the Wealth Tax Act for not filing the wealth tax assessment for the year 1993-94.
Stating that a case was filed before the Additional Chief Metropolitan Magistrate (Economic Offences Wing Court I), Egmore, Chennai in 1997, Ms Jayalalithaa submitted that she had filed a petition in the trial court to discharge her from the case for various reasons but the court dismissed her plea by an order dated February 25, 2008.
She also contended that Section 35 B would attract only if a person willfully failed to furnish the returns under Section 14 or 17 (1) of the Wealth Tax Act.