‘ITAT order corrigendum, a vindication’

Former Tata Sons chairman Cyrus Mistry’s office said the Income-Tax Appellate Tribunal (ITAT) has issued a corrigendum on its own, to correct ‘the wild, personal’ allegations made against Mr. Mistry, that formed a part of its December 28 order, in proceedings ‘where he was not even a party.’

“The corrigendum states ‘inadvertent errors’ had crept into the order involving Tata Trusts,” Mr. Mistry’s office said.

“The reversal of these comments acknowledges that information sent by Mr. Mistry to the Deputy Commission of Income-tax had been in response to a specific summons, a conduct that is expected of any law-abiding person.”

“This acknowledgement by the ITAT corroborates the submissions in this regard put forward by the SP Group before the Supreme Court, and is one step towards the vindication of truth and justice,” Mr. Mistry’s office said.

Stating that it was a matter of record that after Tata Sons failed to respond to an earlier notice, the DCIT had issued summons and called upon directors of Tata Sons including Mr. Mistry to comply with a notice issued under Section 133(6) of the Income Tax Act.

“As a director of Tata Sons, Mr. Mistry responding to the summons was a legal requirement and fully in accordance with the Articles of Association of Tata Sons and more importantly, a discharge of his fiduciary duties as a director,” the statement said.

“The Tata Trusts are Public Charitable Trusts and not a family investment firm. Instead of seeking to blame Mr. Mistry at every turn, the Trustees of the Tata Trusts must introspect why they have deviated from this path, leading to a greater scrutiny on their operations by the various government bodies,” the statement added.

Mr. Mistry’s office said the Tata Trusts trustees should also introspect “why they continue to seek to donate hundreds of millions of dollars to rich foreign universities with deep pockets and worse, where one of the Trustees has an association, instead of applying the tax-exempt money for the development of educational institutes in India as mandated by the settlors of the Trusts.”

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