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2011 (7) TMI 844 - SC - Income TaxTransfers of monies, and accumulation of monies, unaccounted in foreign bank - DTA with Germany - the secreted quantum of monies and the manner in foreign banks and with the nature of activities for the accumulation of such monies leading to the concentration of economic power and unlawful activities and cross-border criminal activity - Writ petition was filed, in 2009 that citizens, and also non-citizens, with presence in India, have generated, and secreted away large sums of monies in various foreign banks, especially in tax havens - whether in India or outside India, but relating to India - Hassan Ali Khan was served with an income-tax demand for Rs. 40,000.00 crores and that the Tapurias were served an income-tax demand notice of Rs.20,580.00 crores - raiding Hassan Ali's residence in Pune, certain documents and evidence had been discovered regarding deposits of 8.04 billion dollars with UBS bank in Zurich - filing of this writ petition under Article 32 is proper, as the inaction of the Union of India, as described above, violates the fundamental rights-to proper governance, inasmuch as Article 14 provides for equality before the law and equal protection of the law, and Article 21 promises dignity of life to all citizens - Union of India repeatedly insisted that the matter involves many jurisdictions, across the globe, and a proper investigation could be accomplished only through the concerted efforts by different law enforcement agencies, both within the Central and State Governments - status reports submitted to this court, that the Enforcement Directorate has moved in some small measure, the actual facts are not comforting to an appropriate extent - the Union of India did not provide any evidence that Germany specifically requested it to not reveal the details with respect to accounts in the Liechtenstein even in the context of proceedings before this court - the Union of India has chosen to proceed under the assumption that it could have requested such information only pursuant to the double taxation avoidance agreement it has with Germany - The petitioners contend that the Government of India took such a step primarily to conceal the information from public gaze. Held that :- the Union of India shall disclose to the petitioners all documents and information which they have secured from Germany like names of those individuals with bank accounts in Liechtenstein, as revealed by Germany, with respect of whom investigations have been concluded, either partially or wholly and Special Investigation Team shall take over the matter of investigation of the individuals whose names have been disclosed by Germany as having accounts in banks in Liechtenstein.
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