Kerala High Court grants interim relief to Suresh Gopi in luxury car tax evasion case

The Kerala High Court on Friday granted Union Minister and popular Malayalam actor Suresh Gopi interim relief in connection with a case filed against him on allegations that he evaded the payment of tax while purchasing a luxury car [Suresh Gopi v Deputy Police Superintend and connected case]..Justice C Jayachandran took note of the circumstances surrounding the case and said that Suresh Gopi need not appear before the trial court in the matter until further orders.The interim order was passed on a plea moved by Gopi to quash the tax evasion case. .The case relates to two luxury cars purchased by Gopi in 2010 and 2016 from Audi dealers in Ernakulam. The vehicles were registered in Puducherry, allegedly to evade the higher taxes imposed in Kerala.The State government claimed that the actor, despite being a permanent resident of Kerala, fraudulently registered the vehicles in Puducherry, leading to a cumulative tax loss of ₹18 lakh.The trial court found a prima facie case against Suresh Gopi, leading to the filing of charges under Sections 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), and 420 (cheating) of the Indian Penal Code, along with Section 40 of the Motor Vehicles Act (registration of vehicles).Suresh Gopi approached the Kerala High Court for relief after the trial court dismissed his discharge application. He urged the Court to quash the charges against him..Gopi submitted that the vehicle registration in Puducherry would not affect tax obligations in Kerala. He contended that tax is payable to the State where the vehicle is used for more than a month, not where it is registered. "A vehicle registered in Pondicherry is liable to pay tax in Kerala if used here for over a month. The prosecution's claim that tax should be paid in Kerala based on the owner’s address is contrary to the law. Its not the address of owner of vehicle that determines the tax payable but the usage of vehicle," Gopi's plea stated.The Court was also informed that the vehicle was registered using an insurance policy issued by Life Insurance Corporation.Meanwhile, the prosecution alleged that a forged address proof was used by Gopi to get his vehicle registered in Puducherry..The Court agreed to hear Gopi's plea in detail after hearing preliminary submissions.It proceeded to grant Gopi interim relief before posting the matter for further hearing on September 23..Advocates BN Shivasankar, Tinu T Joseph, Sanoj MA, Megha Mukundeswar, Adithya Kiran VE, and Vishnu B Kurup represented Suresh Gopi..[Read Order]