UOI v. Gautam Khaitan ( 2019) 311 CTR 249/ 183 CTR 1/( 2020) 420 ITR 140 (SC), www.itatonline.org Editorial: Decision of Delhi High Court is reversed , Gautam Khaitan v .UOI ( 2019) 308 CTR 676/ 178 DTR 100 / 415 ITR 99( Delhi) (HC)

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

S.3: Charge of tax – It is not correct to say that while exercising powers under Sections 85 and 86 of the Black Money Act, the Central Government has made the said Act retrospectively applicable from 01.07.2015. The penal provisions u/s 50 and 51 of the Black Money Act would come into play only when an assessee has failed to take benefit of S. 59 and neither disclosed assets covered by the Black Money Act nor paid the tax and penalty thereon [ S.2(9) ( d) , 50, 51 , 59 , 72, 85 ,86 ]

The appeal was against the interim order passed by the Delhi High Court . Question that falls for consideration is, as to whether the High Court was right in observing that while exercise of the powers under the provisions of Sections 85 and 86 of the Black Money Act, the Central Government has made the said Act retrospectively applicable from 01.07.2015 and passed a restraint order.  Court held that it is not correct to say that while exercising powers under Sections 85 and 86 of the Black Money Act, the Central Government has made the said Act retrospectively applicable from 01.07.2015. The penal provisions u/s 50 and 51 of the Black Money Act would come into play only when an assessee has failed to take benefit of S. 59 and neither disclosed assets covered by the Black Money Act nor paid the tax and penalty thereon. The Black Money Act has been passed by the Parliament on 11.05.2015 and it has received Presidential assent on 26.05.2015. Sub­section (3) of Section 1 provides, that save as otherwise provided in the said Act, it shall come into force on the 1st day of April, 2016. However, by the notification/ order notified on 01.07.2015, which have been impugned before the High Court, it has been provided, that the Black Money Act shall come into force on 01.07.2015, i.e., the date on which the order is issued under the provisions of sub­section (1) of Section 86 of the Black Money Act. Accordingly the  High Court is requested to decide the writ petition on its own merits. However, the Court clarified that  the observations made by us are only for the purposes of examining the correctness of the interim order passed by the High Court and the High Court would decide the writ petition uninfluenced by the same. Accordingly  the appeal stands allowed as indicated above.( C A No.1563 of  2019, dt. 15.10.2019) (AY. 2009 -10)