Ballard Pier magistrate's court has issued summons to actor Shilpa Shetty Kundra and her husband Raj Kundra, and a chief financial officer, in two separate cases of delay in TDS payments by Best Deal TV Pvt Ltd, a company that ran a home shopping channel. According to a report in Times Of India, they have been asked to appear in person or submit a bail plea through a lawyer on October 20, which is also the next date of hearing.
Special public prosecutor Amit Munde told the court that one case related to delayed payment is of more than Rs 88.8 lakh TDS deducted in 2015-16, and the second is for over Rs 58.8 lakh TDS deducted in 2016-17. Munde also said that there was a delay of over one year in depositing the amounts in the government treasury.
Prosecution Claimed The Offence Punishable Under Section 276 B
The prosecution said, "After deduction of TDS, instead of depositing such amount to the government account within due date, the assessee retained... money, therefore the deductor has committed a default under sections 200 and 204 of the Income Tax Act...By failing to deposit TDS without a reasonable cause or excuse to pay the TDS so deducted, the default amounts to an offence punishable under section 276 B (failure to pay TDS) of Act."
Shilpa Shetty Has Claimed She Was Not Aware Of TDS Defaults
Shilpa Shetty Kundra has responded, claiming she was not aware of such TDS defaults since all activities related to events and business activities were undertaken by the managing director and other managerial personnel. According to reports, the actress has also revealed to the court that she had neither drawn any sitting fees nor remuneration from the company.
Shilpa Shetty Is Currently Shooting For Hungama 2
On the other hand, the prosecution has claimed that as per the annual return uploaded by the firm, Shilpa Shetty had attended all board meetings and her name was entered in the remuneration details. The prosecution also told the court that the directors-the Kundras and Darshit Shah-are responsible for paying tax, and hence, Section 278B (director, managers, etc of a firm can be prosecuted for default) was also attracted in both the cases.