In Brief
The Supreme Court held that the Government's notification changing the commencement date of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act from 1 April 2016 to 1 July 2015 did not make penal provisions retrospectively applicable. The change was made solely to enable taxpayers to comply with the fixed deadlines for voluntary disclosure (30 September 2015) and payment of tax and penalty (31 December 2015) under Section 59. Tax charges apply only from assessment years commencing after 1 April 2016, while penal provisions under Sections 50 and 51 come into play only when assessees fail to make declarations and neither disclose assets nor pay the required tax and penalty. The Court quashed the High Court's interim restraint order and remitted the writ petition for decision on its merits.
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