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TMI Blog2022 (3) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... ding against the petitioner as of today. She also stated that the department intends to issue summons in future but no specific date has been given by her. Learned counsel for the respondents have not stated that the petitioner has misused the permission granted by this Court to the petitioner to visit UAE and UK. If that be so, this Court is inclined to allow the present application and permit the petitioner to travel to UAE and Thailand, with a further direction that he shall return to India on or before April 06, 2022, subject to the conditions imposed - The application is disposed of. - W.P.(C) 4081/2021, CM No. 10777/2022 - - - Dated:- 11-3-2022 - HON'BLE MR. JUSTICE V. KAMESWAR RAO Petitioner Through: Mr. R.K. Handoo, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amui, Thailand, which construction was halted due to the COVID-19 pandemic. The submission of Mr. Handoo is that the statement of the petitioner has been recorded by the Income Tax Department. He has submitted all the documents as sought from him. Further, no summons are standing as of today against the petitioner. He stated that on earlier occasions also this Court has granted permission to the petitioner to travel to UAE and also to UK subject to conditions imposed which the petitioner has scrupulously followed and has always returned back to India. 4. That apart, his wife and daughter are residents of this country and as such he shall return back to India. He contested the submission advanced by the counsel for the respondent No.2 tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t status in order to avoid tax implications and mandatory reporting of foreign financial assets to the Indian revenue authorities. That apart, she highlighted the fact that the petitioner has not fully cooperated with the investigations being conducted by the respondent No.2. In this regard, she has drawn my attention to the summons dated February 22, 2021 issued upon the petitioner by the answering respondent under the provisions of the Income Tax Act, 1961. That apart, the petitioner is yet to furnish the complete particulars of the requisitions made in the said summons. Though, she does concede during the submissions that no summons are standing against the petitioner as of today. She qualifies the submission by stating that the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o would submit that the stand which has been taken by the respondents is similar to the one which has been taken at earlier occasions as well, when this Court had permitted the petitioner to travel to UAE and UK, that too after the statement of the petitioner was recorded on May 17, 2021 in terms of the order passed by this Court. He reiterated that thereafter no summons have been issued for the presence of the petitioner. Hence, it is a fit case where the prayers as made in the application need to be granted. 10. Having considered the submissions made by the learned counsel for the parties, it is noted from the record that the investigation is pending against the petitioner since 2020 and a complaint has been filed against the main accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn to this country within two months from the date of his departure. v. The petitioner shall furnish a full itinerary of his stay at the UAE, including the places he would be staying in UAE/overseas and a functional phone number for all such places. 12. I note from the order dated September 06, 2021 the petitioner was able to travel to UAE on August 28, 2021 and returned to India on September 05, 2021. Further vide order dated September 27, 2021, the petitioner was permitted to travel to UAE and UK for three months subject to the following conditions:- i. Since the petitioner has already complied with the direction nos.1, 2 and 3 of the order dated 24.05.2021, he will file an affidavit before this Court, undertaking to return t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated May 24, 2021 has not been released to the petitioner or to the person, who furnished the same, the said property shall be accepted as a security, provided a fresh valuation report is called for, to ensure the property is valued at ₹ 10 Crores or more. ii. The petitioner shall also furnish a liquid security for a sum of ₹ 1 Crore, either in the form of a Bank Guarantee or in the form of a Fixed Deposit or in any other liquid form before the Registrar General of this Court. If the liquid security for a sum of ₹ 1 Crore has been provided by the petitioner in terms of the order dated May 24, 2021 has not been returned / refunded, the same shall be accepted, provided the same is in order. iii. The petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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