A show-cause notice was issued to the petitioner under sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, based on an assessment order. The petitioner challenged the notice, arguing that initiating criminal action was premature as his appeal against the said assessment order was pending before the CIT(A). He also challenged the retrospective application of the Act’s criminal provisions to transactions that occurred before the Act came into force. As the revenue’s counsel sought time to file a reply, the High Court directed the revenue not to proceed further on the basis of the show-cause notice until the next date of hearing, thereby granting an interim stay. (AY. 2019-20)
Anil Dhirajlal Ambani v. UOI [2022] 145 taxmann.com 656 (Bom.) (HC)
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
S. 50 : Punishment for failure to furnish information about foreign asset-Stay of proceedings-Prosecution is premature when based on an assessment order against which an appeal is pending before the CIT(A)-High Court directed the revenue not to proceed further on the basis of the show-cause notice until the next date of hearing, thereby granting an interim stay [S.51 Income-tax Act, 1961, 276C]
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