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ARTICLE · 30 OCTOBER 2019

Whether Black Money Act Is Retrospectively Applicable?

A conjoint reading of the various provisions would reveal, that the Assessing Officer can charge the taxes only from the assessment year commencing on or after 01.04.2016.

IndiaTax

By

Vijay Pal Dalmia, Advocate

Supreme Court of India & Delhi High Court

Email id: [email protected]

Mobile No.: +91 9810081079

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And

Aditya Dhar, Advocate

Email: [email protected]

Mobile: +91 9971873110

The Hon'ble Supreme Court of India passed a judgment on 15.10.2019 in an appeal filed by the Union of India against an interim order dated 16.05.2019 passed by the Division Bench of the Delhi High Court in a writ petition filed by Mr. Gautam Khaitan restraining the Union of India from taking any action against him.

The question that was put before the Apex Court, was whether the High Court was right in observing that while exercise of the powers under the provisions of Sections 85 and 86 of the Black Money Act, the Central Government has made the said act retrospectively applicable from 01.07.2015 and passed a restraint

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