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2021 (8) TMI 1296 - HC - Income TaxBlack Money - Application seeking suspension of the look-out circular (“LOC”) so as to enable him to travel to US - It is the case of the petitioner that the LOC against him was issued in 2019 at the behest of respondent no.4, which fact came to his knowledge only on 05.11.2019, when he was stopped from boarding a flight to Dubai at the New Delhi International Airport - HELD THAT:- The fact that the petitioner had, on earlier occasions, been granted permission to go abroad, albeit for shorter periods when he duly returned back to India, is undisputed. It is also undisputed that the petitioner, who has already obtained degrees in B.Sc and M.Sc from prestigious universities abroad, has now secured admission at the Harvard Kennedy School, John F. Kennedy School of Government for undergoing a two-year MPA course. In light of the fact that the petitioner’s father is willing to furnish an undertaking not to leave the country while the petitioner is abroad, do not find the petitioner evidencing any intent of absconding from India. The question of whether the LOC issued in 2019 can now stand in the way of the petitioner travelling abroad is yet to be determined. No doubt, the respondent claims to have already filed a complaint against the petitioner for an offence under the Black Money Act; however, as on date, no cognizance has been taken of the said complaint and therefore, I am inclined to grant permission to the petitioner to travel to US for a period of two-years to attend the MPA Course, subject to the following conditions: (i) The petitioner will keep the respondents informed about his travel itinerary from time to time; (ii) He will not tamper with the evidence or contact any person who is a part of the investigation; (iii) The petitioner’s father will file an undertaking before the Registrar General of this Court that he will not leave the country as long as the petitioner is abroad; (iv) The petitioner, besides the security already furnished by him in respect of AG-059 (Old No.FLG 04), Phase-I, Ansal Plaza, Greater Noida, UP and the security of ₹ 5 Lakhs - which is already lying with the Registrar General of this Court in terms of order dated 22.02.2021, will furnish a security to the satisfaction of the Registrar General of this Court for a further sum of ₹ 1 Crore in the form of an FDR or a deposit. (v) The petitioner will appear before any office of the Indian Embassy in the US, once in every eight weeks. It is, however, made clear that this order will not come in the way of the concerned Additional Chief Metropolitan Magistrate from passing any orders requiring the petitioner’s presence in the country; in which case, it will be for the petitioner to move an appropriate application before the concerned Court, which will be considered in accordance with law.
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