HC to examine retrospective use of Black Money Act

Saurabh Malik

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Tribune News Service

Chandigarh, April 8

Less than four years after the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act came into existence, the Punjab and Haryana High Court today made clear its intent to examine its applicability with retrospective effect.

The direction by Justice Shekher Dhawan came on a first-of-its-kind petition filed here against the Union government and other respondents by Vishwa Nath Tulasi through counsel Abhilaksh Grover.

The petitioner was, among other things, seeking directions to the respondents for quashing complaint dated March 28, 2018, and summoning order dated June 5, 2018, whereby he was summoned to face trial for an offence under the provisions of the Income Tax Act, 1961, and the Black Money Act, 2015.

Appearing before the Bench, Grover contended that the Act came into existence on July 1, 2015. On that date, the alleged company was not even in existence and the allegations against the petitioner were even prior to that date.

As such, no offence was made out and the impugned complaint was not maintainable. Grover added that a similar matter was pending before the Delhi High Court in the case of “Gautam Khaitan versus Union government and other respondents”, wherein the same proposition of law was involved and notice of motion had also been issued.

Justice Dhawan issued notice of motion to the respondents for July 17. “Meanwhile, the operation of the impugned summoning order dated June 5, 2018, shall remain stayed,” he added before parting with the case.