BMA s.51(1)

BMA s.51(1) — the law in short

What the courts have decided on section BMA s.51(1), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.

• Sanjay Bhandari v Income Tax Office High CourtHelps departmentNo later treatment found
  The assessment under the Black Money Act is not complete, and may now be time-barred. Can they still summon me on a s.51 complaint?
  Yes. The Delhi High Court refused to quash the summoning order, holding that Chapter V of the Black Money Act stands independent of any order made under the Act, so the initiation of prosecution is not dependent on the completion of assessment provided the ingredients of s.51 are made out. Sections 50 and 51 operate in different realms, and whether the conduct was preparation or a punishable attempt is a matter for trial.
• Sanjay Vijay Shinde v DGIT High CourtHelps taxpayerNo later treatment found
  A prosecution has been sanctioned against me under the Black Money Act. Can I get anticipatory bail?
  On these facts, yes. The Madhya Pradesh High Court granted anticipatory bail to a taxpayer facing prosecution under ss.50 and 51 of the Black Money Act in respect of an undeclared Singapore bank account holding USD 6,856,092.67, on a personal bond of Rs 5,00,000 with one surety, subject to surrender of his passport and availability for interrogation. The Court gave no reasons for the grant.

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.