The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

S. 50 : Punishment for failure to furnish in return of income, any information about an asset (including financial interest in any entity)located outside India-Punishment for false statement in verification-Assets acquired prior to the coming into force of the Black Money Act-In the criminal petition, there was no challenge to the validity of S. 72(c)-Observations of the High Court in para 15 regarding application of Art. 20 of the Constitution of India are stayed till further order. [S.2(11), 2(12), 10, 52, 59, 72(C), IT Act, 131, Criminal Procedure Code, 1973, S.200, 256, Art.20]

S. 281B : Provisional attachment-Protect the interest of the Revenue-Properties are mortgaged-Working capital-Order is passed directing the Revenue to lift the attachment on bank account to enable the assessee to avail the working capital facilities etc. from the banks. [Art. 226]

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Reasonable cause-Paid tax with interest-Prosecution is quashed. [S. 278AA, Criminal Procedure Code, 1973, S 482]

S. 271(1)(c) : Penalty-Concealment-Not specifying the charge-Order of Tribunal quashing the penalty is set aside and directed the Tribunal to decide on merits-Interpretation of statutes-Rule of literal construction. [S. 260A, 271(IB), Expln. 5A, 274]

S. 260A : Appeal-High Court-Cross objections becoming infructuous-Appeal of Revenue dismissed-Cross objection dismissed-No substantial question of law. [S. 253(4), Rule, 47(2), Form No.36A]

S. 260A : Appeal-High Court-Review-Mistake apparent-No error apparent on face of record-Decision or order cannot be reviewed merely because it is erroneous and there was no reason to review/recall order of High Court. [S. 253(4), Rule, 47(2), Form No.36A, Code of Civil Procedure, 1908, Order 47 Rule 1]

S. 250 : Appeal-Commissioner (Appeals)-Multiple e-mail id-Opportunity of being heard-Primary and email id-Notices were sent email-Responded by the assessee-Opportunity of hearing was given-Writ petition is dismissed. [S. 254(1) Art. 226]

S. 250 : Appeal-Commissioner (Appeals)-Multiple e-mail id-Opportunity of being heard-Notices were sent email-Responded by the assessee-Communications to the assessee were not sent at the addresses indicated in the appeal memorandum-Order of single judge dismissing the petition. is set aide-CIT(A) is directed to issue a fresh notice of hearing at correct email address and thereafter pass the orders in the appeal-Strictures-Department is advised to evolve a procedure whereby e-mail ids furnished by the assessees are regularly updated after confirmation with the assessee, so that at any given point in time, an assessee can only insist upon a maximum of three e-mail ids to which communications intended for him may be addressed. [S. 254(1) Art. 226]

S. 226 : Collection and recovery-Modes of recovery-Stay-Pendency of appeal-Prima facie case-Pre-deposit of 20 percent of demand is not mandatory-Matter remanded to the AO for reconsideration.[S. 250, Art. 226]

S. 220 : Collection and recovery-Assessee deemed in default-Refund-Adjustment of refund against demand without considering stay application-Matter is remanded for reconsideration. [S.220 (6), Art. 226]