The Delhi High Court on Tuesday (August 1) ruled in favor of the Income Tax Department, dismissing the plea filed by Ashneer Grover, former managing director of BharatPe, challenging an income tax notice issued to him under Section 8 of the Black Money Act. The notice in question, dated 29 May 2023, pertains to undisclosed foreign income and assets.
During the court proceedings, the high court urged Grover's counsel to voluntarily withdraw the petition, warning that if not withdrawn, the court would dismiss it. Eventually, the writ petition challenging the proceedings was "dismissed as withdrawn."
Grover had filed the plea with the objective of cancelling the notice and securing a stay on the assessment proceedings under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. The plea was directed against the Ministry of Home Affairs, Ministry of Finance, and the Deputy Director of Income Tax.
“The petitioner (Ashneer Grover) is aggrieved by the arbitrary and mechanical way the notice under Section 8 of the Black Money (Undisclosed Foreign Income and Assets) Act, 2015 dated 29.05.2023 (hereinafter called 'impugned notice') has been issued by the Respondent No. 3 (Deputy Director of Income Tax ) under the aegis of Respondent No. 2 (Ministry of Finance). The impugned notice suffers from unparalleled perversity and is a complete travesty of justice and the petitioner has prayed for quashing of the impugned notice and in the interim stay on the proceedings under the Black Money Act, 2015," according to the petition filed.
“Despite adherence to all the notices and due cooperation with the Income Tax Department, the Respondent No. 3, has written a letter dated 13.06.2023 to the Deputy Commissioner of Income Tax (Circle 67(1), Delhi) informing the latter that a penalty must be imposed on the Petitioner under Section 43 of the Black Money Act, 2015, for failure of disclosure of foreign assets," the petition added.
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