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        Case ID :

        2021 (5) TMI 604 - HC - Income Tax

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        Petitioner granted affidavit exemption, must file within 3 days. Court debates Black Money Act trigger point. The petitioner was granted exemption from filing notarized affidavits with the writ petition, with a condition to submit them within three days of the ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Petitioner granted affidavit exemption, must file within 3 days. Court debates Black Money Act trigger point.

                            The petitioner was granted exemption from filing notarized affidavits with the writ petition, with a condition to submit them within three days of the court's resumption. A request for exemption from filing court fees and welfare stamp was disposed of, mandating payment within three days of normal court functioning. The interpretation of the Black Money Act's triggering point was debated, focusing on the Assessing Officer's knowledge of foreign assets. The court sought documents from the CBDT to ascertain this. Various other issues were raised, leading to notices issued to respondents for counter-affidavits and scheduling the next hearing.




                            Issues:
                            1. Exemption from filing notarized affidavits with the writ petition.
                            2. Exemption from filing court-fee and welfare stamp.
                            3. Interpretation of the triggering point of the Black Money Act.
                            4. Date of knowledge of the Assessing Officer regarding foreign assets.
                            5. Examination of documents possessed by FT and TR division of CBDT.
                            6. Other issues raised in the petition.

                            Exemption from Filing Notarized Affidavits:
                            The petitioner sought exemption from filing notarized affidavits along with the writ petition, which was allowed subject to placing the notarized affidavits within three days of the court's normal work resumption.

                            Exemption from Filing Court-Fee and Welfare Stamp:
                            Another application requested exemption from filing court-fee and welfare stamp, which was disposed of with a direction to file the required fees within three days of the court's normal functioning resumption.

                            Interpretation of Black Money Act Triggering Point:
                            The petitioner claimed to have ceased holding the foreign asset before the Black Money Act came into force, citing beneficial interest in shares through various entities. The respondent argued that the Act triggers upon the Assessing Officer's notice of the foreign asset, referencing a Supreme Court judgment.

                            Date of Knowledge of Assessing Officer:
                            The court requested documents and information possessed by the FT and TR division of CBDT to determine the date of knowledge regarding the foreign asset held by the petitioner, crucial for applying the Act's provisions.

                            Other Issues Raised in the Petition:
                            Various other issues were raised in the petition, necessitating a comprehensive examination. The court issued notices to the respondents, directing the filing of counter-affidavits within six weeks and scheduling the next hearing for further proceedings on 07.09.2021, with a directive for the respondents not to take coercive measures against the petitioner in the interim.
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                            Topics

                            ActsIncome Tax
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