New Delhi, Nov 16 (IANS): The Congress on Saturday refused to comment on the Young Indian tax files saying the matter was sub-judice and asserted that the truth will prevail as the company is a not-for-profit organisation.

Speaking to the media, Congress spokesperson Randeep Singh Surjewala said, "What is sub-judice need not be commented upon."

"But I can assure you that the majesty of law will prevail and the truth will come out in the open as Young Indian is a not-for-profit company and neither (Narendra) Modiji and nor his cronies can change this inalienable truth," Surjewala added.

Surjewala was responding to a question over the Income Tax tribunal rejecting former Congress President Rahul Gandhi's application to make Young Indian a charitable trust.

On Friday, the Income Tax Appellate Tribunal had dismissed Rahul Gandhi's plea to make Young Indian a charitable trust.

Rejecting the application, the tribunal said that it is a commercial organization. With the rejection of the application, the income tax case of Rs 100 crore against him will open again.

Last year, the Gandhis (Sonia and Rahul) and senior Congress leader Oscar Fernandes moved the Supreme Court challenging the September 10 decision of the Delhi High Court. The High Court had rejected their application for the reassessment of their income tax for 2011-12 in connection with the National Herald case.

The top court had then allowed them to approach the Income Tax Appellate Tribunal for a swift hearing of the pending appeal challenging the cancellation of registration granted to Young Indian under the Income Tax Act.

The IT department began an inquiry after a complaint was filed by senior BJP leader and Rajya Sabha MP Subramanian Swamy before a trial court in connection with the National Herald case. Currently, the Gandhis along with Oscar Fernandes are out on bail.

The trial court had granted bail to interim Congress President Sonia Gandhi and Rahul in the case on December 19, 2015.