BMA s.18(7) — the law in short
What the courts have decided on section BMA s.18(7), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Rashesh Manhar Bhansali v Addl. CIT (miscellaneous application)
ITATHelps taxpayerNo later treatment found
The Tribunal decided my Black Money Act appeal without dealing with the written submissions I filed. Is there any remedy short of the High Court?
Yes. Section 18(7) of the Black Money Act carries into that Act the same powers the Tribunal exercises under the Income-tax Act, and the Mumbai Bench used it to recall its own order of 2 November 2021 because the coordinate bench had not considered a detailed written submission filed two days before the hearing concluded. Non-consideration of a written submission filed on the record, with supporting evidence, is a mistake apparent from the record.
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Sections 15 to 19 of the Black Money Act - the appeal machinery
CBDT Circulars & InstructionsCuts both waysNo later treatment found
What are the time limits, forms and fees for an appeal under the Black Money Act, and where do they differ from the Income-tax Act?
An appeal to the Commissioner (Appeals) lies under s.15(1) against the amount of tax on undisclosed foreign income or assets, against liability to be assessed under the Act, against a penalty, and against a rectification order or a refusal to rectify. It is filed in Form 2 with a fee of Rs 10,000 within thirty days, and Rule 6(4) bars admission unless the tax with penalty and interest on the liability not objected to has been paid. An appeal to the Tribunal lies within sixty days in Form 3 with a fee of Rs 25,000, with cross-objections in Form 4 within thirty days. An appeal to the High Court on a substantial question of law lies within 120 days. The critical departure from the Income-tax Act is that the power to condone delay is capped: one year before the Commissioner (Appeals) under s.15(4) and one year before the Tribunal under s.18(5), where ss.249(3) and 253(5) of the Income-tax Act contain no such ceiling.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.
