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April 19, 1999

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Jaya told to file fresh petition for valuation of seized wealth

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The Madras high court today directed former Tamil Nadu chief minister J Jayalalitha and her associate Sasikala Natarajan to file a fresh petition seeking to permit an authorised valuer under the Wealth Tax Act to appraise their jewels and other valuables seized and kept in a Reserve Bank of India vault in connection with the Rs666.5 million disproportionate wealth case, to enable them to file their wealth tax returns.

The two women sought the permission following the wealth tax department's refusal to accept the valuation certificate given by the customs appraiser.

Justice B Akbar Basha Kadri passed the order on revision petitions filed by Jayalalitha and Sasikala, against the order of Special Judge-1 S Sambandam, dismissing their petitions.

The Directorate of Vigilance and Anti-Corruption of the state government, which is investigating the case, had conducted a search of Jayalalitha's residence and seized the gold jewellery and silver articles.

The DVAC submitted that the customs department appraiser had valued the jewels twice and the petitioners could file their returns based on that valuation.

As the jewels are with the RBI, the revaluation may cause administrative problems, inconvenience and expenditure, the DVAC argued.

Justice Kadri noted that the special judge had not passed any adverse order against the petitioners. He had merely directed them to submit their wealth tax returns based on the valuation done by the customs appraiser, and if the wealth tax authority refuses to accept it, approach him for appraisal by an appraiser approved by the wealth tax department.

The petitioners stated that the department is refusing to accept the valuation certificate given by the customs appraiser. Hence, they were directed to approach the trial court for further remedy. The trial court will dispose of the petitions in 10 days, Justice Kadri said.

UNI

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