Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
HC considered a case u/s 50 of Black Money Act for non-disclosure of foreign assets and false statements by petitioners, office bearers of British Companies. Act enforced in 2015, but petitioners assessed in 2018. Prosecution u/s 50 & 52 initiated. Petitioners argued Companies closed pre-Act, so prosecution invalid. HC held prosecution unconstitutional u/s Article 20 as Act retroactively applied to pre-Act conduct. Special Act must comply with Article 20, fundamental right, and failed here, leading to dismissal of charges.
HC considered a case u/s 50 of Black Money Act for non-disclosure of foreign assets and false statements by petitioners, office bearers of British Companies. Act enforced in 2015, but petitioners assessed in 2018. Prosecution u/s 50 & 52 initiated. Petitioners argued Companies closed pre-Act, so prosecution invalid. HC held prosecution unconstitutional u/s Article 20 as Act retroactively applied to pre-Act conduct. Special Act must comply with Article 20, fundamental right, and failed here, leading to dismissal of charges.
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