2021 (4) TMI 1234 - HC - Income Tax

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 - petition raises issues concerning wrongful assumption of jurisdiction by the assessing officer under the 2015 Act, and the violation of the principles of natural justice - HELD THAT - The matter would require consideration. Revenue's counter-affidavit, in this behalf, will be relevant. This is especially so, as Mr. Anand vehemently argues that the issues that arise in other writ petitions, to which a reference has been made to by Mr. Vohra, do not overlap with those, that have been raised in the instant petition. It would, therefore, be in the interest of both parties to file, at least, the grounds taken in the other petitions, to which a reference has been made in the instant petition. Accordingly, issue notice. Mr. Anand accepts notice on behalf of the revenue.

Issues:
1. Jurisdiction of assessing officer under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.
2. Violation of principles of natural justice in the assessment process.
3. Timing of information disclosure and opportunity for response.
4. Overlapping issues with other writ petitions.
5. Recourse to alternate remedies by the petitioner.

Jurisdiction of Assessing Officer:
The petitioner, represented by Mr. Ajay Vohra, challenged the assessment order under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (2015 Act), alleging a wrongful assumption of jurisdiction by the assessing officer. Mr. Vohra argued that the assessing officer had information about foreign accounts allegedly held by the petitioner before the 2015 Act came into force on 01.07.2015. He contended that the Act could only apply to income concerning the assessment year 2016-2017. The petitioner also raised concerns about the violation of natural justice principles due to delayed document disclosure and insufficient response time before the assessment order dated 31.03.2021.

Violation of Principles of Natural Justice:
Mr. Vohra highlighted that documents relied upon by the assessing officer were furnished to the petitioner only on 15.03.2021, with a short response window until 26.03.2021. This raised issues of procedural fairness and the adequacy of the opportunity provided to the petitioner to respond effectively. The petitioner argued that the assessment order was passed without affording sufficient time for a meaningful response, indicating a breach of natural justice principles.

Timing of Information Disclosure and Opportunity for Response:
The delayed disclosure of crucial documents to the petitioner shortly before the assessment order was issued raised concerns about the fairness of the assessment process. Mr. Vohra emphasized that the short response time given to the petitioner after document submission affected the ability to present a comprehensive reply. This sequence of events led to doubts about the thoroughness and procedural regularity of the assessment conducted under the 2015 Act.

Overlapping Issues with Other Writ Petitions:
Mr. Vohra pointed out that the issues raised in the present petition were similar to those in other writ petitions before the court. He referred to specific orders collectively marked as Annexure P-15 to illustrate the commonality of concerns across multiple cases. The existence of overlapping issues indicated a broader systemic challenge or interpretational ambiguity that needed to be addressed consistently.

Recourse to Alternate Remedies:
On behalf of the revenue, Mr. Deepak Anand suggested that the petitioner should pursue alternate remedies available instead of challenging the assessment order directly. He referenced provisions of the 2015 Act to support the jurisdiction assumed by the assessing officer. The suggestion to explore other legal avenues implied a procedural route for addressing grievances related to the assessment process, emphasizing the importance of following established legal procedures.

In conclusion, the High Court acknowledged the complexity and significance of the issues raised by both parties, indicating that further consideration and examination were necessary. The court directed the revenue to file a counter-affidavit within two weeks, emphasizing the importance of clarifying the grounds taken in other related petitions. A stay on the operation of the impugned assessment order was granted, and the case was scheduled for a hearing on the same date as connected petitions, fostering a coordinated approach to resolving the legal complexities involved.

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