2021 (5) TMI 1060

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..... since limitation was running against him, he had to file the appeal. That being said, there are issues raised by the petitioner which impinge upon the jurisdiction of the respondents/revenue with regard to the triggering of the provisions of the 2015 Act. These are aspects that we are considering, as pointed out hereinabove, in other matters as well. Accordingly, issue notice.
HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MR. JUSTICE TALWANT SINGH Petitioner Through: Mr. Ruchesh Sinha, Advocate. Respondents Through: Mr. Varun Agarwal, Advocate for respondent no.1/UOI. Mr. Sunil Agarwal, Sr. Standing Counsel for O R D E R [Court hearing convened via video-conferencing on account of COVID-19] CM APPL. 17231/2021 1. Allowed .....

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..... t of the purported foreign income has already been assessed, and taxed under the Income Tax Act, 1961 in AY 2008-2009. For this purpose, our attention has been drawn to page 283 of the paper book. (ii) Secondly, the guidelines issued by the Central Board of Direct Taxes (in short 'CBDT'), dated 23.01.2018, for administering cases under the 2015 Act, inter alia, required the concerned Assessing Officer to issue a show-cause notice to the petitioner, within thirty days from the end of the financial year, in which he became aware of the foreign assets/foreign income. (ii)(a) It is stated that, knowledge, according to the respondents/revenue, about the foreign assets/foreign income was acquired on 03.01.2017, and therefore, the show-cause n .....

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..... emedy, the present writ petition cannot be entertained. 6. Having considered the matter, we are prima facie of the view that, merely, on the ground, that the petitioner has taken recourse to an alternate remedy, we cannot refuse to entertain the instant writ petition. 6.1 The petitioner's explanation, at this stage, seems to be a plausible one; which is that, since limitation was running against him, he had to file the appeal. 6.2. That being said, there are issues raised by the petitioner which impinge upon the jurisdiction of the respondents/revenue with regard to the triggering of the provisions of the 2015 Act. 6.3. These are aspects that we are considering, as pointed out hereinabove, in other matters as well. 7. Accordingly, issu .....

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