Delhi High Court - Orders
Robert Vadra vs Union Of India & Ors on 28 May, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5561/2021 and CM APPL. 17235/2021
ROBERT VADRA .....Petitioner
Through: Dr. Abhishek Manu Singhvi, Sr. Adv
with Mr. Suman Jyoti Khaitan,
Mr. Amit Bhandari, Mr. Prateek
Chaddha, Mr. Gautam Jain, and Mr.
Vikas Kumar,Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Tushar Mehta, Solicitor General,
with Mr. Balbir Singh, ASG and
Mr. Zoheb Hossain, Sr. Standing
Counsel and Mr. Parth Semwal,
Advocate.
Mr. Ravi Prakash, CGSC with
Mr. Varun Aggarwal Adv. for R-1.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 28.05.2021 [Court hearing convened via video-conferencing on account of COVID-19]
1. We have heard Dr. Abhishek Manu Singhvi, learned senior counsel, who appears for the petitioner, and Mr. Tushar Mehta, learned Solicitor General as also Mr. Balbir Singh, learned Additional Solicitor General, who appears for the respondents/revenue.
2. Inter alia, via the present writ petition, challenge is laid to the communication dated 17.05.2021, issued by respondent no. 3.
W.P.(C) 5561/2021 page 1of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:28.05.2021 23:00:28 2.1 There are other prayers also made in the writ petition. These prayers
are directed against the notices dated 04.12.2018 and 18.12.2019 issued by respondent no. 3, under Section 10(1) of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. 2.2. Besides this, challenge is also laid to show-cause notice dated 07.05.2021. In addition, thereto, certain declaratory reliefs have also been sought in the writ petition.
3. After having heard the learned counsel for the parties, it is evident that, there are certain issues which arise in the present writ petition, that also arise in several other matters, pending adjudication before us, including W.P.(C.) Nos.1693/2021, 5012/2021 and 5294/2021. Notices, in these writ petitions, have been issued by this Court, and interim orders have also been passed.
4. We may also indicate that, one of the grievances, that has been articulated by Dr. Singhvi concerns the narrow window given to the petitioner to file a reply to the various notices issued by respondent no. 3. In this behalf, Dr. Singhvi has specifically drawn our attention to the show cause notice dated 07.05.2021 and the communication dated 17.05.2021 served on the petitioner.
4.1. Dr. Singhvi says that the petitioner needs further time to file a response to the aforesaid notice and communication, issued to him. 4.2. Both Mr. Mehta and Mr. Singh say that, they would have no difficulty if this Court were to allow the petitioner further time to file a response to the said notice and communication.
W.P.(C) 5561/2021 page 2 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:28.05.2021 23:00:28
5. Thus, having regard to the foregoing, issue notice in the writ petition and in the interlocutory application.
5.1. Mr. Ravi Prakash accepts service on behalf of respondent no. 1/UOI while Mr. Zoheb Hossain accepts service on behalf of the respondent nos. 2 to 5/revenue.
6. Counter-affidavit(s) will be filed within four weeks. Rejoinder thereto, if any, will be filed before the next date of hearing.
7. List the matter on 10.08.2021.
8. Furthermore, the petitioner will have liberty to file a reply to the show-cause notice dated 07.05.2021 and e-mail dated 17.05.2021. For this purpose, further three weeks' are granted to the petitioner.
9. In the meanwhile, while the assessment proceedings may continue, however, no final order will be passed.
RAJIV SHAKDHER, J
TALWANT SINGH, J
MAY 28, 2021/sh
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W.P.(C) 5561/2021 page 3 of 3
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:28.05.2021
23:00:28