9911796707
TMI Blog2023 (4) TMI 1311X X X X Extracts X X X X X X X X Extracts X X X X ..... ar and Ms. Ankita Kedia, Advocates for R-1 to 3, Mr. Kush Sharma and Mr. Shubhankar, Advocates for Bank of Baroda, Mr. Zoheb Hossain, Sr. Standing Counsel for Revenue and Mr. Sanjeev Menon, Jr. Standing Counsel for Revenue ORDER 1. This hearing has been done through hybrid mode. CM APPL. 13018/2023 (for permission to travel abroad) 2. The present application has been filed by the Petitioner seeking permission to travel for two business meetings and for meeting his daughter in the USA. The itinerary for the travel is set out below:- Date Place of Visit Purpose of Visit 13.04.2023 to 17.04.2023 Lisbon, Portugal For attending Annual Chapter Retreat, YPO 17.04.2023 to 18.04.2023 Los Angeles San Francisco in California, USA Meeting with Mr Himmat Dhaliwal from Liquagen Water Technology 19.04.2023 to 27.04.2023 New York, USA Meeting with daughter 3. The case of the Petitioner is that he has business meetings which have been fixed in Lisbon, Portugal and in California and New York, USA. His daughter is also studying in the USA. Accordingly, the Petitioner prays for permission to travel in terms of the above itinerary. 4. Ld. Sr. Counsel Mr. Nayar places reliance on two orders passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has filed W.P. (C) 3816/2023 titled R. D. Puri v. Deputy Director of Income Tax (Inv) Unit wherein the Petitioner has challenged the show cause notice dated 22nd February, 2021 and also the constitutional validity of Section 72(c) of the Black Money Act. In the said proceedings, the following order has been passed by the Ld. Division Bench, on 24th March, 2023:- 1. At the outset, learned Senior Counsel appearing for the Petitioner has informed this Court that, in an identical matter i.e. W.P.(C) 217/2022 titled as Mr. Mohit Jain vs. Dy Director of Income tax INV Ors., a Coordinate Bench of this Court has passed an Interim Order dated 06.01.2022 which reads as under: The hearing has been done by way of video conferencing. Present writ petition has been filed challenging the order dated 8th December, 2021 passed by the Respondents under Section 10 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 [for short Black Money Act ], read with impugned demand notice dated 8th December, 2021 and impugned penalty notice dated 7th December, 2021. Petitioner also seeks to challenge the first proviso to Section 3(1) and Section 72(c) of the Black Money A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter briefly. 3. Mr Zoheb Hossain, senior standing counsel, who appears on behalf of the respondents/revenue, says that he will need to obtain instructions in the matter. 4. Accordingly, list the matter on 04.05.2023. 5. In order not to put the respondents/revenue in a legal logjam concerning the expiry of limitation for carrying out assessment, for the moment, the reassessment proceedings are stayed. 6. We make it clear that it this not an expression of our view on the merits of the matter. 10. Vide order dated 14th December 2022, the Petitioner had placed on record details of his shareholding in 15 companies, including Indian Hydro Electric Power Private Limited and Cobol Technologies Private Limited ( the said companies ). Vide order dated 17th March 2023, it was directed that the affidavits on behalf of the said companies, whose properties are being offered as securities, be handed over to ld. Counsel for the Respondents in order to enable them to make verifications. 11. Today, the two affidavits dated 18th March 2023 on behalf of Indian Hydro Electric Power Private Limited and Cobol Technologies Private Limited have been placed on record, which are duly sworn by one Mr. Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g in mind the overall facts and circumstances of this case and the cooperation which has been extended by the Petitioner from time to time in terms of participation in the investigation and the two ld. Division Bench orders as extracted above, and keeping in mind that the Court has vide three previous orders wherein granted the permission to travel abroad, the Court grants permission to the Petitioner to travel abroad in terms of the itinerary recorded above, subject to the following conditions:- i) The Petitioner shall travel abroad from 11th April, 2023 to 27th April, 2023 to Lisbon, Portugal as also California, USA and New York, USA in terms of the itinerary recordded above for the purposes as stated in the said itinerary. ii) The undertakings given on behalf of the two companies are accepted, and it is directed that status quo shall be maintained in respect of all the moveable/immovable properties of the said companies including, with respect to the title and possession. iii) The Petitioner shall furnish the copies of the documents relating to any immovable properties, valued at more than Rs.50 crores with the Registrar General of this Court. The said immovable property could b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
