9911796707
TMI Blog2018 (12) TMI 1348X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Competent Authority under the Act of 2015, is an independent issue and a fresh proceeding instituted against the Petitioner under the said Act – whether the order of the Commission and the ultimate outcome of the Petition, would cast a shadow on the proceedings instituted under the said Act, is neither possible nor necessary for us to pronounce at this stage. We are, however, make it clear that the said notice dated 22nd November, 2017 is an independent cause of action and is based on the materials mentioned in the notice itself. It is always open for the Petitioner to take recourse of legal options in connection with the said notice. However, in the present Petition, we are not inclined to allow the amendment by bringing on reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. 4 Pending this Petition, Petitioner was visited with a notice dated 22nd November, 2017 issued by the Additional Commissioner of Income Tax, Mumbai under Section 19(1) of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (for short the Act of 2015 ). Under such notice, Petitioner is called upon to produce certain documents and details in connection with the Assessment of the Assessment Year 2016-17 under the Act of 2015, on the ground that, the office was in possession of information of the Petitioner's undisclosed foreign income and assets during previous year 2015-16 after 1st July, 2015, relevant to Assessment Year 2016-17. This notice contained the anexures, under which, it is further st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of the findings of the Commission which are in challenge before this Court and in which the Petitioner has an arguable case. 7. On the other hand, learned ASG opposes the prayer, contending that the notice under the Act of 2015 is an independent action, is based on independent material and concerns a period entirely different from the one covered under the Settlement proceedings. He submitted that it is not necessary to allow the Petitioner to bring additional averments on record and prayer in this Petition which are unconnected to the original cause of action. 8. The Writ Petition challenging the order of the Commission is pending for hearing. After hearing Advocates of both sides, Court would choose its option whether to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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