Rajasthan High Court - Jaipur
M/S Keshav Marble And Granites vs Union Of India on 20 November, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12937/2020
M/s Keshav Marble And Granites, 3-Jalani Bhawan-100
Jhalaniyon Ka Rasta, Kishanpole Bazar, Jaipur. Through Its
Proprietor Shyamdas Jhalani S/o Shri Man Mohan Jhalani Aged
77 Years R/o B-526, Sector No. 1, Chitrakoot, Vaishali Nagar,
Jaipur, Rajasthan
----Petitioner
Versus
1. Union Of India, Through Revenue Secretary North Block,
New India Gate, New Delhi
2. Assistant Director, Directorate Of Enforcement Zonal
Office, Second Floor, Jeevan Nidhi Second, LIC Building,
Bhawani Singh Road, Jaipur
----Respondents
For Petitioner(s) : Mr. Ankul Gupta HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 20/11/2020 Learned counsel for the petitioner submitted that by the impugned notice dated 24th July, 2020, the respondent No.2- Assistant Director, Directorate of Enforcement has called record/documents from the petitioner exercising power under Section 37 of Foreign Exchange Management Act, 1999 read with Section 133 (6) of the Income Tax Act, 1961.
Learned counsel submits that information sought from the petitioner is of export transactions since 2010 onwards and as such the information which has been sought by the respondent cannot be furnished by the petitioner, as record from the year (Downloaded on 20/11/2020 at 08:54:33 PM) (2 of 2) [CW-12937/2020] 2010 onwards, cannot be maintained by any person under the law.
Learned counsel submits that though there is no time limit which is prescribed under Section 37 of Foreign Exchange Management Act, 1999 to call for the record, however, reasonable time does not mean that information can be called after inordinate delay of about 10 years.
Issue notice of the writ petition as well as stay application, returnable on 17th December, 2020. Notices be given 'dasti', if prayed.
In the meanwhile, further proceedings in pursuance of show cause notice dated 24th July, 2020 shall remain stayed.
List this case along with SB Civil Writ Petition Nos. 9316/2019, 2074/2019 and 6430/2020, after service.
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