Sanjay Vijay Shinde v. Directorate GIT (2024) 300 Taxman 567 (MP)(HC)

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 wilful attempt to evade tax-Anticipatory Bail [S. 3(1), 10, 51, IT Act, 132,Criminal Procedure Code, 1973, 438

Assessee is  sole director of his company. Authorized Officer conducted a search under section 132 on  company and seized certain documents, which revealed that company had foreign bank account in Singapore from assessment years 2009-10 to 2014-15 and assessee was signatory of bank account and company had not disclosed foreign bank account in income tax returns pertaining to assessment years 2009-10 to 2014-15.  Competent Authority filed a complaint against assessee before Chief Judicial Magistrate under sections 50, 51(1) and 51(2) of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.  Assessee filed an application before High Court for grant of anticipatory bail. Court held that in view of submissions of assessee that Black Money Act was not applicable in assessment years 2009-10 to 2014-15 because it came into force and was applicable after 1-4-2016 and there was no need of his custodial interrogation and he was ready to co-operate with trial and furnish adequate surety, it was to be directed that in event of arrest, assessee be released on bail on furnishing a personal bond in sum of Rs. 5 lakhs with one solvent surety of like amount. Court directed the   assessee is directed to co-operate with the Income-tax Department in investigation, inquiry or proceedings conducted by the Department, if required. He will further abide by the following conditions:

  1. a) assessee shall make himself available for interrogation by the Income-tax Department as and when required;
  2. b) assessee shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;
  3. c) assessee will not leave India without the permission of Trail Court and surrender his passport before the Trial Court.
  4. d) assessee shall not commit similar offence, of which, he is accused or suspected.

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