Case Law Details
The present writ petition is preferred under Article 32 of the Constitution of India with the following prayers:-
“Pass an appropriate Writ, Order or Direction, in the nature of Certiorari, inter-alia, quashing/setting aside penalty, surcharge and also provisions for lock-in/withholding of 25% of disclosed income for 4 years under the Taxation Laws (Second Amendment) Bill, 2016, (Pradhan Mantri Garib Kalyan Yojna, 2016), i.e. Section 199D(2), 199E and 199F of the Finance Act, 2016, by declaring them illegal and null and void;
Pass an appropriate Writ, order or direction, in the nature of Mandamus, inter-alia, directing the respondent Nos.1 and 2 to charge income tax to citizens on their undisclosed income without their being levy of any sort of penalty and surcharge, provision for withholding of income, as prescribed under the Taxation Laws (Second Amendment) Bill, 2016, (Pradhan Mantri Garib Kalyan Yojna, 2016) and also direct the respondent Nos.1 and 2 to declare that half the proceeds be used to compensate the honest taxpayer by way of tax credit;
Pass any other appropriate Writ, order or direction, which may be necessary and proper in the opinion of this Hon’ble Court in the interest of justice and in the interest of the public at large.”
It is submitted by Mr. Dhruv Kapur, learned counsel for the petitioner that the Union of India could have come with a better scheme regard being had to the Statement of Objects and Reasons behind the scheme. He has commended us to paragraph 3 of the same. It reads as under:-
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