The petitioner challenged the summoning order and sought ...

Petition to Quash Complaint on Undisclosed Foreign Assets Dismissed; Court Finds Premature Claims Unfounded.

November 14, 2024

Case Laws     Income Tax     HC

The petitioner challenged the summoning order and sought quashing of the complaint u/ss 50 and 51 of the Black Money Act, 2015, alleging undisclosed foreign assets. The petitioner argued that the complaint couldn't be filed before completing the assessment. The complainant/Income-Tax Department contended that the petitioner claimed association with foreign assets only in the past as a trustee, resigning from all fiduciary positions before April 2015. However, during a search on the petitioner's Chartered Accountant, it was discovered that the petitioner attempted to fabricate and backdate documents showing foreign assets held in a fiduciary capacity as trustee of Alrahma Trust, UAE, purportedly settled in 2006, and transferring trusteeship in March 2015. The complainant alleged this was a premeditated scheme to dissociate the petitioner from offshore entities/foreign assets by backdating documents to evade Black Money Act proceedings. The court held that the complainant need not produce evidence proving guilt at this initial stage, and the petitioner's objections regarding assessment are irrelevant. The court considered the petitioner's alleged fabrication of documents and overt acts towards commission of the offence. The petitioner's application to challenge the assessment order was dismissed, as an efficacious statutory remedy of appeal u/s 16 of the Black Money Act is available.

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