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2001 (12) TMI 40 - HC - Income Tax

Issues:
Petitioner seeking direction for inquiry into assets of respondent and action under Income-tax Act.

Analysis:
The petitioner, proprietor of "Subhash Jewellery," filed a petition seeking an inquiry into the assets of the fifth respondent, proprietor of "Pavithram Jewellery," alleging conversion of black money into white money through benamis. The petitioner claimed the fifth respondent amassed assets without disclosing income or paying taxes, causing loss to the government. The fifth respondent, a regular income-tax assessee, denied the allegations, stating all savings were accounted for before tax authorities. The Income-tax Department, through various statements, confirmed regular assessments of the fifth respondent and family, including disclosures under the VDIS Scheme. The petitioner's counsel argued corruption within the department, urging action under Income-tax Act provisions. However, the respondent's counsel contended the petitioner's representations were out of jealousy, with assets acquired through hard work, and the petition was for personal vendetta. The Central Government standing counsel defended the department's actions, citing no basis for the petitioner's claims.

The court noted the petitioner's allegations against the fifth respondent's wealth accumulation and the Income-tax Department's inaction despite representations. However, based on the department's findings of regular assessments, VDIS disclosures, and lack of concrete evidence supporting the petitioner's claims, the court found no justification to pursue the petition. Referring to a decision emphasizing public interest litigation's bona fide nature, the court dismissed the petition, highlighting that public interest litigation should not be used for private vendettas or to abuse the legal process. The court concluded that without evidence of malice or corruption within the department, the petition lacked merit and dismissed it without costs.

 

 

 

 

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