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<ul><li>The <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> stayed an order by the <keyword id="6355014" type="UNKNOWN" weightage="20" keywordseo="delhi-high-court">Delhi High Court</keyword> that prevented the Income Tax (IT) Department from trying <keyword id="1561203" type="PERSON" weightage="20" keywordseo="Gautam-Khaitan">Gautam Khaitan</keyword> - the main accused in the Agusta Westland chopper scam - under the Black Money Act of 2016. </li><li>The central government had asked the Delhi HC to allow the 2016 law to be applied to Khaitan’s case, which was filed in July 2015. </li><li>The 2016 law is much more stringent when it comes to dealing with previously undisclosed income and assets held abroad. </li><li>The punishment for conviction under this law for wilful evasion is enhanced, and tax authorities have more power when it comes to inspection and issue of summons. </li></ul>The Supreme Court today stayed an order by the Delhi High Court that prevented the Income Tax (IT) Department from trying Gautam Khaitan - the main accused in the Agusta Westland chopper scam - under the Black Money Act of 2016. The Delhi HC’s order, which was handed out on May 16, prohibited the IT Dept. from taking action against Khaitan - retroactively - under the law. Khaitan filed a petition against the government for trying to invoke the law, which came into effect in April 2016. The central government had asked the Delhi HC to allow the 2016 law to be applied to Khaitan’s case, which was filed in July 2015. The 2016 law is much <a href="https://www.thehindu.com/news/national/10-things-to-know-about-blackmoney-bill/article7194290.ece">more stringent</a> when it comes to dealing with previously undisclosed income and assets held abroad. The punishment for conviction under this law for wilful evasion is enhanced, and tax authorities have more power when it comes to inspection and issue of summons. As things stand, the Supreme Court’s decision requires Khaitan, a lawyer by profession, to submit a formal response to the central government’s allegations against him, within six weeks. Khaitan had been investigated by a slew of regulators, including the <keyword id="6357808" type="DEFINITION" weightage="20" keywordseo="enforcement-directorate">Enforcement Directorate</keyword> (ED) and the Central Bureau of Investigation (CBI) for his role in the ₹36 billion scam. The Agusta Westland scam came to light in 2013, and pertains to the UPA government’s purchase of 12 helicopters to transport top officials. The deal was cancelled in 2014 following allegations that Bruno Spagnolini, CEO of <keyword id="252971" type="COMPANY" weightage="20" keywordseo="AgustaWestland">AgustaWestland</keyword>, along with other executives had bribed officials from the <keyword id="15141" type="COMPANY" weightage="20" keywordseo="Indian-Air-Force">Indian Air Force</keyword> to make the deal go through. SEE ALSO: <a href="https://www.businessinsider.in/miscellaneous/10-landmark-judgements-indias-supreme-court-passed-in-2018/slidelist/67254190.cms">10 landmark judgements India’s Supreme Court passed in 2018</a>

Agusta Westland case: India’s apex court allows taxman to try accused under new black money law

<ul><li>The Supreme Court, on June 12, diluted the government’s order that mandated companies to pay wages to employees without deductions during the <keyword id="8637077" type="UNKNOWN" weightage="20" keywordseo="Coronavirus-lockdown">coronavirus lockdown</keyword>. </li><li>The employer and the employees should ‘negotiate’ to resolve the matter, the court said. </li><li>This has stirred a debate on how the law protects the employers more than the employees. </li></ul>In a major development, the Supreme Court, on June 12, diluted the government’s order that mandated companies to <a href="https://www.livelaw.in/know-the-law/21-notable-judgments-delivered-by-courts-during-covid-19-lockdown-157947?infinitescroll=1">pay wages to employees without deductions</a> during the coronavirus lockdown. And that has turned the order in favour of the employers — at least for now. The apex court said that the government should not take any coercive steps against those private companies who haven’t paid their employees. In fact, the employer and the employees should ‘negotiate’ to resolve the matter, the court said. However, the next hearing is scheduled for end of July. SC order gives a ‘bargaining power’ to employers This has stirred a debate on how the law protects the employers more than the employees. “This is a classic case of judicial evasion. The court refrained from answering the legal question before it, but its refusal to answer created a status quo where one party benefitted at the expense of the other,” <a href="https://www.livelaw.in/columns/coronavirus-and-the-constitution-xxxii-payment-of-wages-and-judicial-evasion-in-a-pandemic-158293?infinitescroll=1">said</a> <keyword id="318837" type="PERSON" weightage="20" keywordseo="Gautam-Bhatia">Gautam Bhatia</keyword>, who has published nearly 20 scholarly papers. According to Anshul Prakash, partner at a corporate law company Khaitan &amp; Co, “since no coercive action can be taken against the private companies, they have a good bargaining power to enter into negotiation for <keyword id="4051159" type="PERSON" weightage="20" keywordseo="payment-of-wages">payment of wages</keyword> at a reduced rate for the lockdown period and settle disputes.” However, in that case, the companies should obtain a ‘no claim letter’ from the workers pursuant to making such payment, added Prakash. Despite the orders… Many companies have already implemented pay cuts and laid off staff. A recent survey of CEOs, that included over 50 Indian startups, shows that <a href="https://qz.com/india/1830676/salary-cuts-arrive-at-indian-startups-amid-the-coronavirus-slump/">one in four startups in India already announced pay cuts</a>. And, a third of them are considering doing so. Goibibo and redBus also slashed employee salaries. There is an extent to which industry can fund unemployment insurance On the other hand, though a few organisations can safeguard their employees from bearing the brunt of the pandemic they will not be able to take the hit for a long time since there is uncertainty around Covid-19 and its possible impact. According to a recent <a href="https://telecom.economictimes.indiatimes.com/news/50000-bsnl-contract-workers-remain-unpaid-for-a-year/76353325">ET report</a>, nearly 50,000 contract employees at Bharat Sanchar Nigam Limited (BSNL) were left unpaid despite the government order on payment of wages. Meanwhile, startups like Droom Swiggy, Zomato, MakeMyTrip (MMT), ixigo axed jobs too amid the lockdown. “Some organisations can give away the salaries if they have deeper pockets. However the question is, for how long and are they willing? There is an extent to which industry can fund unemployment insurance. In the long run, organisations cannot afford to bear the burden of unemployment insurance fully,” Rituparna Chakraborty, Co-founder of TeamLease Services told Business Insider in an earlier interview. See also: <a href="https://www.businessinsider.in/business/startups/news/reliance-backed-fynd-turns-your-screen-into-a-mirror-and-lets-you-try-make-up-products-virtually-before-buying-them/articleshow/76382060.cms">Reliance-backed Fynd turns your screen into a mirror and lets you try make-up products virtually before buying them</a> <a href="https://www.businessinsider.in/careers/news/tech-mahindra-intel-wipro-and-other-multinationals-hiring-engineers/articleshow/76379519.cms">Tech Mahindra, Intel, Wipro and other multinationals hiring engineers</a> <a href="https://www.businessinsider.in/business/startups/news/these-three-indian-startups-feature-in-the-50-global-future-unicorns-list/articleshow/76379083.cms">These three Indian startups feature in the 50 global future unicorns list</a>

Legal experts argue that Supreme Court is protecting employers and not unpaid employees

The CBI arrested former Air Force Chief SP Tyagi over alleged irregularities in the AgustaWestland VVIP chopper deal worth 3,700 crores. 
 
He was arrested along with his cousin Sanjeev Tyagi and lawyer Gautam Khaitan after hours of questioning. 
 
Tyagi, who retired in 2007, was questioned by the CBI extensively in the past in this case. 
 
All the 3 have been arrested on the allegations of accepting illegal gratification for exercising influence through corrupt and or illegal means, the CBI said. 
 
The former air chief has been accused of abusing his official position by corrupt means. 
 
This is the first high-profile arrest made by acting CBI chief Rakesh Asthana, who is in the headlines because of a row between the government and the opposition over his appointment a week ago. 
 
Asthana was given charge of the chopper deal investigation earlier this year. 
 
On January 1, 2014, India had scrapped the contract with Finmeccanica's British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF over alleged breach of contractual obligations and charges of paying kickbacks of Rs 423 crore by it for securing the deal. 
 
The CBI in the initial investigations into the AgustaWestland scam had found that former IAF chief SP Tyagi was indeed bribed by middlemen+ around the same time - 2004-2005 - that his cousins were given money, highly placed sources said. 
 
The CBI was looking into former IAF chief's investments in property and banks, especially after 2004-05, to ascertain the money trail in the VVIP helicopter scam. 
 
It had got Letters Rogatory (judicial requests) issued to multiple countries to gather more leads and evidences in this case. 
 
Sources said the agency had identified the alleged 'briber giver' (AgustaWestland), bribe takers (cousins of S P Tyagi), middlemen (Guido Haschke and Carlo Gerosa), bribe amount and to some extent the bribe route. It is now looking to establish where the money went after reaching Tyagi's cousins (Julie, Docsa and Sandeep). 
 
The Enforcement Directorate had in April this year summoned Tyagi in connection with its money-laundering probe in the Rs 3,600 crore .

CBI arrests ex-Air Force Chief SP Tyagi in VVIP Chopper Scam

A <keyword id="2226735" type="UNKNOWN" weightage="80" keywordseo="Delhi-CBI-court">Delhi CBI court</keyword> today recorded the statement of A Raja, former Telecom Minister and key accused in the 2G spectrum allocation scam. 
Special CBI Judge OP Saini started the statement recording and said that it was a "direct conversation" between him and the accused (A Raja). 
 
"Now the statement of the accused will be recorded. It is a direct conversation between the accused and the judge... You (accused) may chose to reply or not reply," the judge said. 
 
Prior to this, the court had supplied a draft questionnaire to the accused. The draft contained 1,718 questions and 824 pages. 
 
The court has postponed the deposition of the promoters of the Essar Group and Loop Telecom till May 19. Essar Group promoters Ravi Ruia and Anshuman Ruia, Loop Telecom promoters Kiran Khaitan, her husband IP Khaitan and Essar Group director (strategy and planning) Vikash Saraf are facing trial in the case along with the three firms – Loop Telecom Ltd, Loop Mobile India Ltd and Essar Tele Holding Ltd. 
 
"I think there will be no time for you today. The matter is adjourned for recording of statement of accused till May 19," the judge said. 
All the accused have denied the charges levelled by the CBI in the case. 
 Earlier, the court had recorded the statements of 153 CBI witnesses, including Reliance ADAG chairman <keyword id="9171" type="PERSON" weightage="40" keywordseo="Anil-Ambani">Anil Ambani</keyword>, his wife <keyword id="40530" type="PERSON" weightage="40" keywordseo="Tina-Ambani">Tina Ambani</keyword>, former corporate lobbyist <keyword id="149786" type="PERSON" weightage="40" keywordseo="Niira-Radia">Niira Radia</keyword> and Attorney General GE Vahanvati. The statement ran into more than 4,400 pages. 
 Apart from Raja and Karunanidhi’s daughter <keyword id="131867" type="PERSON" weightage="40" keywordseo="Kanimozhi">Kanimozhi</keyword>, former telecom secretary Siddharth Behura, Raja's former private secretary RK Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Ltd MD Sanjay Chandra, and Reliance ADAG executives – Gautam Doshi, Surendra Pipara and <keyword id="166256" type="PERSON" weightage="40" keywordseo="Hari-Nair">Hari Nair</keyword> – are also facing trial in the case. 
 
Image: Indiatimes

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Agusta Westland case: India’s apex court allows taxman to try accused under new black money law

BI India Bureau

Legal experts argue that Supreme Court is protecting employers and not unpaid employees

Prerna Sindwani

CBI arrests ex-Air Force Chief SP Tyagi in VVIP Chopper Scam

Anushree Singh

2G Case: A Raja’s Statement Recorded

BI India Bureau

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