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2024 (8) TMI 1306

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..... tablishments of two British Companies - The Act came into force on 01-07-2015, and the petitioners were summoned and assessed u/s 10 of the Act in 2018 HELD THAT:- As in the Criminal Petition, there was no challenge to the validity of Section 72(c) of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. Issue notice on the prayer for interim relief returnable on .....

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..... e Act should pass muster of Article 20 of the Constitution of India and it fails to pass such muster in the case at hand and the failure leads to obliteration of the crime against the petitioners. The aforesaid part of the impugned order will remain stayed. - HON'BLE MR. JUSTICE ABHAY S. OKA And HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For the Petitioner : Mr. Zoheb Hussain, Adv. Mr. V .....

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..... said facts of the case, as it cannot pass muster of Article 20 of the Constitution of India. A caveat, this Court is considering the criminal liability fastened upon the petitioners by the prosecution including under Section 72(c) of the Act and the consideration has led to an unmistakable conclusion that it falls foul of Article 20 of the Constitution of India. The Special enactment is a statute. .....

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