In a relief for businessman Anil Ambani, the Bombay High Court on Monday stayed an Income Tax Department’s prosecution notice against the Reliance Group chairperson for non-disclosure of money under the Black Money Act and also directed against taking any coercive action against him till November 17.
The HC directed the I-T department not to take any coercive action against the embattled tycoon on a show-cause notice issued to him seeking to prosecute him under the Black Money Act, reported PTI.
The department had issued the notice to Ambani on August 8, 2022 for allegedly evading Rs 420 crore in taxes on undisclosed funds worth more than Rs 814 crore held in two Swiss bank accounts, as per the report.
Ambani was charged with “wilful” evasion, and the department said he “intentionally” did not disclose his foreign bank account details and financial interests to Indian tax authorities.
As per the department’s notice, Ambani was liable to be prosecuted under Sections 50 and 51 of the Black Money (undisclosed foreign income and assets) Imposition of Tax Act of 2015, that stipulates a maximum punishment of 10 years imprisonment with a fine.
Ambani earlier this month approached the HC challenging the notice, claiming that the Black Money Act was enacted in 2015 and the alleged transactions are of assessment years 2006-2007 and 2010-2011.
Senior counsel Rafique Dada, appearing for Ambani, said provisions of the Act cannot have a retrospective effect. Advocate Akhileshwar Sharma, appearing for the I-T department, sought time to respond to the petition.
A division bench of Justices S V Gangapurwala and R N Laddha permitted the same and posted the petition for hearing on November 17.
“The Income Tax department shall till the next date not take any coercive action against the petitioner (Ambani) in pursuance to the show cause notice,” the court said.
