HC reserves orders in Maran-SpiceJet case

The Madras High Court today reserved its orders on a petition filed by Kalanithi Maran, challenging the Income Tax department's order declaring him as the principal officer of low-cost carrier SpiceJet and making him liable for the alleged tax dues of the company when it was owned by him.
Justice M Duraiswamy reserved the orders after hearing the arguments of the additional solicitor general (ASG) and Maran's counsel.
When the matter came up for hearing, senior counsel P S Raman, appearing for Maran, submitted that the petitioner had not received any salary from the company.
The counsel submitted that Maran was the non-executive chairman of the company and was not involved in its day-to-day affairs.

The managing director of SpiceJet had already given a letter to the IT department to this effect, Raman said, adding that not even a rupee was due to the department.
ASG G Rajagopalan, who appeared on behalf of the IT department, contended that the Madras High Court had no jurisdiction to hear the matter as the complaint was filed in Delhi.

The petitioner had already filed a petition, seeking quashing of the proceedings, and obtained a stay order from the Delhi High Court, the ASG submitted.
He further submitted that as per the company's own annual statements for 2012 and 2013, the petitioner was the holder of 52 per cent shares in SpiceJet.

The registered office of the company was shifted to the "Murasoli Maran Towers" during the petitioner's tenure as its chairman and as per the statement of the firm in its annual report, the petitioner was the main decision-making authority, the ASG submitted and added that therefore, Maran could not say that he was not the principal officer.
The ASG further argued that whether Maran was a principal officer or not was a question of fact, "which has to be agitated before the criminal court. Hence, this court cannot go into it".
After the completion of the arguments, the judge reserved his orders.