Sanjay Bhandari Vs ITO (Delhi High Court)
Delhi High Court held that dismissed the petition as adequate efficacious alternative remedy is available by way of filing an appeal under section 16 of the Black Money (Undisclosed Foreign Income and Assets and Imposition of Tax) Act.
Facts- The present petition has been filed seeking the quashing of Criminal Complaint No. 2121/2019, pending in the Court and the summoning order dated 10.05.2019. The Additional Commissioner of Income Tax (Central), New Delhi, has filed the complaint under Section 51(1) of the Black Money (Undisclosed Foreign Income and Assets and Imposition of Tax) Act, 2015. The complaint alleges that a search and seizure operation was conducted on the assessee’s premises. During the search and seizure operation, incriminating documentary evidence and information were discovered, establishing that the accused (Sanjay Bhandari) had undisclosed bank accounts and properties. The complainant alleged that information was received through Foreign Tax and Tax Research regarding undisclosed foreign bank accounts, foreign properties, etc.
The Learned ACMM, Special Acts, Central District, Tis Hazari, Delhi, vide order dated 10.05.2019, summoned the accused for the offense under Section 51(1) of the Black Money Act, 2015, for the assessment year 2017-18. Being aggrieved, the present appeal is filed.
