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TMI Blog2022 (3) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... s most respectfully prayed that this Hon'ble Court may be pleased to: a) Allow the present application and permit the Petitioner to travel to UAE and Thailand from March - April, 2022 and/or; b) Pass any other order(s) as this Hon'ble Court deems fit and proper and in the interest of justice and equity." 2. The submission of Mr. R.K. Handoo, learned counsel for the petitioner is that the petitioner intends to travel to UAE from New Delhi on March 04, 2022; from UAE to Thailand on March 14, 2022 staying in Thailand till March 27/28, 2022 when he shall again fly to UAE and return back to New Delhi on April 06, 2022. 3. It is his submission that the petitioner intends to travel to UAE as he is a Non-Resident since 1989 and his pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On the other hand, Ms. Vibhooti Malhotra, learned Senior Standing Counsel appearing for the Income Tax Department would contest the application, by stating that the request of the petitioner to travel to UAE and Thailand does not deserve any consideration, inasmuch as the petitioner is under investigation for commission of offences punishable under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 ('Black Money Act' hereinafter). The investigations conducted so far indicate that huge unaccounted income was parked outside India and the same was brought back to Indian companies in the name of either the petitioner or entities owned by the petitioner. The investigation conducted also revealed that the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd other foreign jurisdiction under exchange of information treaties are still awaited. 7. She submitted in view of the pending information under summons and reference under the exchange of information treaties, the petitioner's presence is likely to be required in investigation pending under the Black Money Act in the coming future and the investigation conducted against Dr. Jyotsna Suri (the petitioner's sister) has culminated in a criminal complaint filed by the answering respondent under the aforesaid Act and the same is registered as Ct. Case No.1492/2021 pending consideration before the Court of Additional Chief Metropolitan Magistrate, Tis Hazari Courts, New Delhi, and at this critical juncture, the petitioner should not be allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmons in future but no specific date has been given by her. 11. There is no dispute that this Court vide order dated May 24, 2021 had permitted the petitioner to travel to UAE for two months subject to fulfilling the following conditions: i. The petitioner shall furnish security by way of an unencumbered property of a value of Rs. 10 crores or above, or a fixed deposit of the same value before the Registrar General of this Court. ii. The petitioner shall furnish liquid security for a sum of Rs. 1 crore, either in the form of a Bank Guarantee or in the form of a Fixed Deposit or in any other liquid form before the Registrar General of this Court. iii. The petitioner's sister Dr. Jyotsna Suri shall also stand as a surety and shall exec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... country. 13. The paragraph 8 of the order also reads as under:- "8. Needless to state, upon the petitioner returning to India after the aforesaid period of three months, the surety furnished by the petitioner, in terms of order dated 24.05.2021, would be duly returned to him or the surety, as the case may be." 14. Learned counsel for the respondents have not stated that the petitioner has misused the permission granted by this Court to the petitioner to visit UAE and UK. If that be so, this Court is inclined to allow the present application and permit the petitioner to travel to UAE and Thailand, with a further direction that he shall return to India on or before April 06, 2022, subject to the following conditions: i. The petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l phone number for all such places including his personal mobile number which he shall keep operational and functional at all times. vi. Till the petitioner returns to the country on or before April 06, 2022, the wife of the petitioner shall not leave the country. 15. The Deputy Director (Investigation) shall duly inform the Immigration Bureau once the aforesaid conditions are met. Needless to say, upon the petitioner returning to India, in terms of the above order, the surety furnished by the petitioner would be duly returned to him or the surety provider as the case may be. 16. This order has been passed in the facts of this case. The application is disposed of. 17. The parties / counsels to appear before the Registrar General on Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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