[Black Money Act, 2015] Bombay HC Issues Notice To Attorney General In Plea Filed by Anil Ambani Against Proceedings by IT Dept
![[Black Money Act, 2015] Bombay HC Issues Notice To Attorney General In Plea Filed by Anil Ambani Against Proceedings by IT Dept](https://lawbeat.in/sites/default/files/news_images/Anil Ambani.jpeg "[Black Money Act, 2015] Bombay HC Issues Notice To Attorney General In Plea Filed by Anil Ambani Against Proceedings by IT Dept")
The IT Department has initiated proceedings against Ambani alleging evasion of Rs. 420 Crore Tax of the undisclosed fund of 814 crores pertaining to the assessment year of 2006 and 2010-2011.
A division bench of the Bombay High Court comprising Justice GS Patel and Justice SG Dige has issued notice to the Attorney General of India in a plea filed by Anil Ambani against the tax proceedings initiated against him under the Black Money Act, 2015.
The division bench came down heavily on the IT Department and said:
“A person conducts himself in a certain manner, you criminalize it, and that, too, in a retrospective manner. How is that allowed? How is a citizen of this country supposed to conduct himself?”
While giving an example, the division bench told the IT Department, "Suppose, for years, I have claimed certain deductions, you come up with an Act saying it is illegal, and going back 20 years”.
The said Black Money Act was enacted in 2015 and proceedings against Anil Ambani were initiated for the alleged transactions for the year 2006-2007.
The IT Department had earlier issued notice to Ambani for evasions of Rs. 420 Crore Tax of the undisclosed fund of 814 crores. The IT Department has alleged that there was a wilful and intentional evasion of tax and non-disclosure of foreign assets by Ambani.
Anil Ambani in his plea has also challenged the constitutional validity of the Black Money Act.
During the earlier hearings, Senior Advocate Rafiq Dada had argued that the Imposition of Tax Act, 2015 came in the year 2015, and the alleged transactions are from the assessment year of 2006 and 2010-2011. Therefore, while relying on Article 20 of the Constitution of India, he had argued that there cannot be a retrospective operation of law. He had also submitted before the court that similar issues are pending before different High Courts and the Bombay High Court.
A Division Bench of Justice SV Gangapurwala and Justice SG Dige had earlier directed the IT Department not to take coercive action against Anil Ambani for the notice issued to him.
Case Title: Anil Dhirajlal Ambani versus Union of India & Ors