Prateek Chitkara v .UOI (2024)460 ITR 673 (Delhi)(HC)

Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act, 2015 .

S. 10(1): Undisclosed Foreign Assets — Evasion of tax — Look-out circular banning travel — Pendency of appeal – The look-out circular shall stand modified to an intimation in terms of clause 6(I) of the Office Memorandum of 2021, which states that in cases where there is no cognizable offence under the Indian Penal Code and other penal laws ; the look-out circular subject cannot be detained or arrested or prevented from leaving the country-The originating agency can only request that they be informed about the arrival and departure of the subject in such cases. [ S. 10(3), 41 , ITAct , 131(IA) 133A 153A , Art. 226

Appeal against assessment order under 2015 Act is pending  before the CIT(A) . Department issued Look-out circular banning travel . The appeal is pending before the CIT(A) . On writ the Court held that request for travel not a case of  travel detrimental to economic interests of  country . Court modified the look-Out circular banning travel directed the petitioner to give  intimation regarding arrival and departure of  assessee to concerned authorities .  Modification subject to stringent conditions as to properties being offered as security and undertaking by assessee to be bound by orders . (SJ)