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2023 (4) TMI 1311

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....r permission to travel abroad) 2. The present application has been filed by the Petitioner seeking permission to travel for two business meetings and for meeting his daughter in the USA. The itinerary for the travel is set out below:- Date Place of Visit Purpose of Visit 13.04.2023 to 17.04.2023 Lisbon, Portugal For attending Annual Chapter Retreat, YPO 17.04.2023 to 18.04.2023 Los Angeles & San Francisco in California, USA Meeting with Mr Himmat Dhaliwal from Liquagen Water Technology 19.04.2023 to 27.04.2023 New York, USA Meeting with daughter 3. The case of the Petitioner is that he has business meetings which have been fixed in Lisbon, Portugal and in California and New York, USA. His daughter is also studying in the USA. ....

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....by the Respondents. Further, the Income Tax Department has also learnt of various foreign bank accounts which are controlled by the Petitioner. Thus, his travel in terms of the above itinerary, especially to the USA, could jeopardize the investigation. 6. Heard. The Petitioner has been given permission to travel abroad by this Court on three occasions, vide previous orders dated 20th April, 2022, 24th August, 2022 and 14th December, 2022 as modified vide order dated 20th December, 2022. 7. The Court has also been informed of the Writ Petition (Crl.) 5/2020 titled 'R.D. Puri v. Union of India' wherein vide order dated 13th January, 2020 passed by the Supreme Court, a direction has been issued that no coercive action shall be taken against ....

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....nd Section 72(c) of the Black Money Act as being arbitrary, unreasonable & violative of the Petitioner's rights under Articles 14, 19 & 20 of the Constitution of India. Learned counsel for the Petitioner states that impugned assessment order which has been passed under the provision of Black Money Act is flawed. He states that the present petition raises issues concerning wrongful assumption of jurisdiction by the Assessing Officer under the Black Money Act and the violation of the principles of natural justice. He points out that in a number of similar matters, being W.P.(C) Nos. 1503, 1692,1693, 5012, 5007, 5170, 5294, 5559, 5561 of 2021, while issuing notices interim orders have also been passed. Issue notice Mr. Ajit Sharm....

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.... against notices dated 29th and 30th September 2021 passed under Section 153C of the Income Tax Act, 1961, vide order dated 29th March, the following order has been passed by the ld. Division Bench:- "2. We have heard the matter briefly. 3. Mr Zoheb Hossain, senior standing counsel, who appears on behalf of the respondents/revenue, says that he will need to obtain instructions in the matter. 4. Accordingly, list the matter on 04.05.2023. 5. In order not to put the respondents/revenue in a legal logjam concerning the expiry of limitation for carrying out assessment, for the moment, the reassessment proceedings are stayed. 6. We make it clear that it this not an expression of our view on the merits of the matter." 10. Vide order da....

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....deems it fit to make the following undertaking on his behalf in the following terms, in lieu of the aforesaid undertaking on his behalf qua his shareholding in different companies as recorded in the aforesaid orders dated 14 December 2022 and 20 December 20222 passed by this Hon'ble Court: (i) the Company undertakes not to alienate or dispose of or create any third-party rights in relation to any of its assets (except in the usual course of business), including its shareholding in HPPL during the period of Mr. Puri's travel and until his return on 28 April 2023; (ii) the Company further undertakes to act as guarantee on behalf of Mr. Puri in the unlikely and unimaginable event that Mr. Puri chooses not to return to India and is ....

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....ms of the itinerary recordded above for the purposes as stated in the said itinerary. ii) The undertakings given on behalf of the two companies are accepted, and it is directed that status quo shall be maintained in respect of all the moveable/immovable properties of the said companies including, with respect to the title and possession. iii) The Petitioner shall furnish the copies of the documents relating to any immovable properties, valued at more than Rs.50 crores with the Registrar General of this Court. The said immovable property could be owned, either by the Petitioner or by any of the said companies. If there is any charge on the said property, the details of the same shall be provided in an affidavit to the Registrar General a....