Tabasum Mir v. UOI (2022) 218 DTR 1/328 CTR 737 / 142 343 (J & K )(HC),Abdul Rashid Mir v. UOI (2022) 218 DTR 1 / 328 CTR 737 (J & K)( HC) Amir Mir v .UO (2022) 218 DTR 1 / 328 CTR 737 (J & K)( HC)

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

S.10: Assessment – Denial of liability – Foreign assets claimed to be acquired out of income not taxable in India – Income not taxable in India – Alternative remedy – Writ is not maintainable- Directed to pursue alternative remedy of appeal . [ S.14, 15, Art , 226 ]

Assessees denied their liability to be assessed under BMI Act, 2015 with reference to foreign assets on ground that said assets were acquired by them out of income not taxable in India  . On writ dismissing the petition the Court held that  since sections 14 and 15 of BMI Act, 2015 clearly stipulate that any person denying his liability to be assessed under Act of 2015 or objecting to any penalty imposed by Assessing Officer may appeal to Commissioner (Appeals) and complete machinery is provided for person aggrieved of any action taken by Assessing Officer, assessees could not be permitted to abandon that machinery and to invoke jurisdiction of High Court under article 226 of Constitution when adequate remedy was open to him . Court also held that  the appellate authority shall consider the appeal  only on merits without making any reference to the period of limitation and, till then, no punitive action shall be taken against the Petitioners.

Applied Genpact India (P.) Ltd. v. Dy. CIT [2020] 268 Taxman 299/[2019] 111 402/419 ITR 440 (SC) and CIT v. Chhabil Dass Agarwal [2013] 36 36/217 Taxman 143/357 ITR 357 (SC)/[2014] 1 SCC 603.