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Updated: Dec 04, 2018 14:11 IST

The income tax department can continue with the tax assessment of Congress president Rahul Gandhi and mother Sonia, but shall not issue any final order, the Supreme Court ordered on Tuesday.

The top court, which is hearing a special leave petition filed against the tax department’s move to reopen tax assessment for 2011-12 against Sonia Gandhi, Rahul and Congress leader Oscar Fernandes, will next take up the case on January 8.

Gandhis had challenged a Delhi High Court order which dismissed their pleas against the Income Tax Department’s decision to re-open their tax assessments. Congress leader Oscar Fernandes, too, has filed an appeal in the matter

The lawyer for Sonia and Rahul had ought a stay of the High Court order, which was opposed by the IT counsel. Since the bench was not sitting post -lunch, the matter was adjourned to January 8.

As Income Tax law prescribes a period within which the IT assessment has to be completed, Dec 31 in this case, the court said the department can continue with the probe but not implement it’s order.

The income tax probe against the Congress leaders has arisen from the investigation into the private criminal complaint filed by BJP leader Subramanian Swamy before a trial court in connection with the National Herald case, in which the trio is out on bail.

Sonia Gandhi and Fernandes are shareholders in Young Indian, a not-for-profit organistaion, and the tax department claims they did not disclose their income from the company. Similarly, the tax department’s claim is that Rahul Gandhi withheld information of his directorship of Young Indian, which would have resulted in him having an income of Rs 154 crore and not about Rs 68 lakh, as was assessed for the year in question.