Case Law Details
High Court held that to say that the person being prosecuted or proceeded against can only be ‘shown’ such documents, but not provided copies thereof is untenable even on a plain reading of Article 26 (2) of the OECD Model Convention.
1. The short point involved in these petitions is that neither of the Petitioners has been furnished with the copies of the documents relied upon in the Show Cause Notice (SCN) issued to them by the Respondents. Both the petitioners seek copies of the documents and their statements referred to in the SCN to enable them to file a reply to the SCN.
2. The facts in brief are that a search was conducted at the residences of the Petitioners on 2nd March, 2017 and 3rd March, 2017. During the search, several documents were seized and statements were recorded of the Petitioners.
3. Following the above search, on 28 March, 2017, two separate SCNs were issued to each of the Petitioners, proposing their prosecution under Section 276 C(1) and Section 277 of the Income Tax Act, 1961 (Act) as well as Section 181 of the Indian Penal Code (“IPC”), 1860 and Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.
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