Anil Dhirajlal Ambani Vs Union of India & Ors. (Bombay High Court)
The Bombay High Court issued Rule in a writ petition challenging the constitutional validity of certain provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. The Court noted that similar challenges to provisions of the Black Money Act were already pending before it, in which Rule had been issued and interim relief granted. The respondents were directed to file their affidavits in reply within four weeks.
Since an assessment order had already been passed and the petitioner had filed an appeal before the CIT(A), the Court permitted the appellate proceedings to continue. However, it clarified that no coercive action, including prosecution and penalty proceedings, shall be taken against the petitioner until the hearing and final disposal of the writ petition. The Court also directed that the matter be heard along with other pending writ petitions involving similar issues.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. The above Writ Petition challenges certain provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (for short “Black Money Act”) as being ultra vires the Constitution of India.
