SC gives govt two weeks to file list of black money cases pending in HCs

New Delhi: The Supreme Court on Tuesday granted two weeks to the government to file a list of cases before high courts challenging various provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. These include a case filed by industrialist Anil Ambani.

The Centre has moved the apex court for consolidation and transfer of all such petitions from the Bombay High Court to the Delhi High Court, stating that the former put the cases into "cold storage".

A bench led by Chief Justice Surya Kant asked the government why it was preferring one high court over another, while noting that there was no delay in deciding the cases pending in the Delhi High Court.


"The Centre's effort should now be to get a verdict from the Delhi High Court. And, whether it is against the government or in its favour, the Centre should request the Bombay High Court to decide the matter," the CJI told senior counsel Zoheb Hossain, appearing for the government.

"The longer it remains under stay, it defeats the purpose of bringing back black money stashed away abroad," Hossain told the top court, noting that 15-20 matters were pending in the Delhi High Court. "Matters are ripe for hearing. Rule has been issued in the Bombay HC, it has gone to cold storage," he said, adding that there were huge revenue implications in these cases.

The Centre said it would make a list of the pending cases and file it before the Supreme Court. It would also make a prayer for expeditious disposal of these cases because a "huge public interest is involved", the counsel said.

In June, the Bombay High Court said no coercive action, including prosecution and penalty, should be taken against Anil Ambani until it heard his petition against certain provisions of the 2015 Act. Revenue authorities alleged that he evaded ₹420 crore in taxes on undisclosed funds of more than ₹814 crore held in two Swiss bank accounts.

The industrialist claimed that the Black Money Act was enacted in 2015 and his alleged transactions were for assessment years 2006-07 and 2010-11, thus the provisions could not be applied retroactively.