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Income Tax

SC on recovery of tax on money deposited by Indians in Foreign Bank

Case Law Details

TaxGuru Citation
2011 taxguru.in 938
Case Name
Ram Jethmalani & Ors. Vs. Union of India & Ors. (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
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SC refers Appeal by Ram Jethmalani against purported inaction of  Government to arrange for recovery of large sums of money deposited by Indian citizens in foreign banks to Honourable the Chief Justice of India.

Ram Jethmalani & Ors. Vs. Union of India & Ors. – Writ Petition (Civil) No. 176 of 2009 was filed by Shri Ram Jethmalani and five others against the Union of India, the Reserve Bank of India, the Securities Exchange Board of India, the Director, Directorate of Enforcement and the Chairman, Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, against the purported inaction of the Government to arrange for recovery of large sums of money deposited by Indian citizens in foreign banks and, in particular, in Swiss Banks. In that context the Petitioners, inter alia, prayed for the following reliefs :-

a. “that this Honourable Court may be pleased to issue notice to all the Respondents calling upon them to disclose all the facts which have come to their knowledge so far pertaining to the aforementioned issues and the steps taken by them in this regard;

b. to make orders from time to time to ensure that the outcome of the investigations are not suppressed or even unduly delayed;

c. the suitable directions be issued to the Respondent No.1 to apply to the Foreign Banks, more particularly the UBS Bank for freezing the amounts in the said foreign banks, particularly, the UBS Bank which as stated above is holding, inter alia, the Khan and Tapurias’ assets.”

FULL TEXT OF THE JUDGEMENT IS AS FOLLOWS:-

IN THE SUPREME COURT OF INDIA

ORIGINAL CIVIL JURISDICTION

I.A. NO. 8 OF 2011

IN
WRIT PETITION (CIVIL) NO. 176 OF 2009

Ram Jethmalani & Ors.                         … Petitioners

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