Key Points
A sessions court has set aside the orders issued by a magistrate to the Indian unit of Chinese smartphone company Huawei, its chief executive and three other top executives, summoning them to commence prosecution proceedings in a case filed by the Income Tax Department...
In an order that offers a major relief to Huawei India, its CEO Li Xiongwei and the others, the sessions court said summoning of the accused "is a serious matter and should not be done in a mechanical manner"...
The tax department had approached the magisterial court seeking to prosecute the company and the executives on charges of deliberately not providing information sought by it..
In his summoning order, the magistrate had ruled that the executives of Huawei Telecommunications India "deliberately chose to give vague answers to some questions and regarding other questions, the answers given by them were incongruous to each other and it seems that they tried to confuse the authorised officer in order to deny access to the books of account and other documents"...
However, the sessions court in the order earlier this month held that "it is important to understand that the offence alleged against the accused persons is only of not affording necessary facility for inspection of electronic books of accounts or other documents which were in their possession or control..
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