1€¦ · most respectfully showeth:- 1. the petitioner is filing the present writ petition in...
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IN THE SUPREME COURT OF INDIA
[CIVIL ORIGINAL JURISDICTION]
WRIT PETITION (C) NO. _______ OF 2020
(UNDER ARTICLE 32 OF THE INDIAN CONSTITUTION)
(PUBLIC INTEREST LITIGATION)
WRIT PETITION [CIVIL] N0. OF 2020
IN THE MATTER OF:
SATYAPRAKASH SINGH
Room no.1 Kalsekar, Pitamber Lane,
Mahim (W),Mumbai- 400016
Occupation : Chartered Accountant(CA)
Mobile: 9920772285
E-MAIL: :- [email protected]
PAN: FGBPS3891H
ANNUAL INCOME: BELOW 10 LAKH PA……………………PETITIONER
VERSES
1. THE UNION OF INDIA,
Through the Secretary ,
Ministry of Finance,
Government of India, North Block
NewDelhi – 110001
2. The Central Board of Direct Tax(CBDT)
North Block, New Delhi – 110002………………………..RESPONDENTS’
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WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIAAS PUBLIC INTEREST LITIGATION(PIL) SEEKING WRIT OF
CERTIORARI FOR QUASHING AND STAY THE CONSTITUTTIONAL
VALIDITY AND THE AMENDMENTS OF SECTION 9 OF VIVAD SE
VISHWAS ACT, 2020
To,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF
THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE WRIT PETITION OF
THE PETITIONER ABOVE-NAMED:
MOST RESPECTFULLY SHOWETH:-
1. The Petitioner is filing the present Writ Petition in public interest under
Article 32 of the Constitution of India in as much as the fundamental
rights enshrined in the Part III of the Constitution are violated.
2. The Petitioner is before this Hon’ble Court seeking issuance of
appropriate, writ, direction or order declaring the Section 9 of Vivad
se Vishwas Bill, 2020-dated 04.03.2020, passed by the Parliament as
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unconstitutional and being in violation of Petitioner fundamental rights
under Article 14 and 21 of the Constitution of India; and for issuance
of consequential writ quashing the same.
3. That this is a Writ Petition under Article 32 of the Constitution of India
as Public Interest Litigation(PIL) seeking Writ of Certiorari for
Quashing and Stay constitutional validity of the Amendments to the
Section 9 of Vivad se Vishwas Act 2020, That the present Writ Petition
seeks this Hon’ble Court to direct the Central Government to make
rules for the better governance and to generate more revenue
through the Tax Mechanism so that the Government may collect more
tax revenue for better development of the Country without
discrimination class/classes of the Assessee for a better and healthy
democracy in India. The present Section 9 and the amendments to
the Section 9 of Vivad se Vishwas Act 2020 by the Respondent No.1
is in direct violation of Articles 14, & 21 and the entire Vivad se
Vishwas Act 2020.This petition is filed by the Petitioner in individual
capacity. The Petitioner therefore seeks a relief Certiorari for
Quashing and Stay the Constitutional validity of Section 9 and
amendments to the Section 9 of Vivad se Vishwas Bill 2020.
4. That the Petitioners have no personal or individual ulterior interest,
motive and intention to file the said Petition before this Hon’ble Court.
There will be violation of Articles 14 and 21of the Constitution of India,
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if this Petition is not heard, legal injury being public in nature.
5. The Petitioner is a Chartered Accountant practicing in the city of
Mumbai and also appearing beforeIncome Tax Appellate Tribunal
(ITAT)throughout the Country having his Office at 292, Jamna Building,
Office No. 6, LT. Marg, Opp. St. Xaviers School, Mumbai-400002,
Maharashtra,bearing PAN:FGBPS3891H and having another office at A-
13, Sanjay Enclave, Uttam Nagar, New Delhi-1100059 and is a law
abiding public-spiritedCitizen of India.The Petitioner’s Annual Income is
less thanRs.10 lakhs (PAN:FGBPS3891H).The Petitionerhasno
personal/interest, motive in filing the instant Writ Petition. There is no
civil, criminal, revenue or any litigation involving the Petitioner, which
has or could have a legal nexus with the issues involved in the present
Public Interest Litigation.
6. The Respondent No. 2 is a Statutory body formed under the Central
Board of Direct Taxes Act, to supervise the effective implementation of
Direct taxes. After introduction of the Vivad se Vishwas Bill in Lok
Sabha, several queries have been received from the stakeholders
seeking clarifications in respect of various provisions contained therein.
The Respondent No. 2 has considered these queries and decided to
clarify the same in form of frequently asked questions (FAQs) and has
issued a Circular No.4 of 2020 dated 4th March, 2020. The clarifications
are, approved by the both house of the Parliament and is pending for
assent by the Hon’ble President of India.
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BRIEF FACTS OF THE CASE:-
a) The Respondent No. 1 is Union of India. During the Union Budget
2020 presentation, the 'Vivad se Vishwas' Scheme was announced
to provide for dispute resolution in respect of the pending income
tax litigations. Pursuant to Budget announcement, the Direct Tax
Vivad se Vishwas Bill, 2020 was introduced in the Lok Sabha on 5th
February, 2020. The objective of Vivad se Vishwas is to inter alia
reduce pending income tax litigations, generate timely revenue for
the Government and benefit taxpayers by providing them peace of
mind, certainty and savings on account of time and resources that
would otherwise be spent on the long-drawn and vexatious litigation
process.
b) By this Public Interest Petition, the Petitioner is impugning the
Constitutional validity of Section 9 of Vivad se Vishwas Act, 2020.
The Respondent No.1 has inserted Section 9 to the Bill of Vivad se
Vishwas Act, 2020. The Section seeks to exclude from the Scheme
tax arrears relating to an assessment year in respect of which an
assessment has been made under section 153A or section 153C of
the Income-tax Act and also cases in which prosecution has been
instituted on or before the date of filing of declaration in excess of
Rupees Five crores.
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c) The Petitioner before elaborating on the grounds of Challenge, want
to give the brief facts pertaining to the impugned legislation. The
same are as under:
i) The Act provides a mechanism for resolution of pending tax
disputes related to income tax and corporation tax.
(i) The Act defines an Appellant as the income tax authority, or
the person, or both, whose appeal is pending before any
appellate forum as on January 31, 2020. These appellate
forums are the Supreme Court, the High Courts, the Income
Tax Appellate Tribunals, and the Commissioner (Appeals).
(ii) The Act proposes a resolution mechanism under which an
appellant can file a declaration to the designated authority to
initiate resolution of pending direct tax disputes. The last
date to file such declaration will be notified by the Central
Government. Based on the declaration, the designated
authority will determine the amount payable by the Appellant
against the dispute and grant a certificate, containing
particulars of the amount payable, within 15 days of the
receipt of the declaration. The Appellant must pay this
amount within 15 days of the receipt of the certificate and
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inform the designated authority of such payment. Such
amount will not be refundable.
(iii) Once the designated authority issues the certificate, appeals
pending before the Income Tax Appellate Tribunals and the
Commissioner (Appeals) will be deemed to be withdrawn. In
case of appeals or petitions pending before the Supreme
Court and High Courts, the Appellant is required to withdraw
the appeal or petition.
(iv) The Principal Chief Commissioner will designate an officer,
not below the rank of a Commissioner of Income Tax, as the
designated authority to manage the proposed resolution
mechanism.
(v) The amount payable by the Appellant for resolution of
disputes is determined based on whether the dispute relates
to payment of tax, or payment of interest, penalty, or
fee. Further, he is required to pay an additional amount if
such payment is made after March 31, 2020.
(vi) For dispute resolution, the Appellant is required to furnish an
undertaking waiving his rights to seek any remedy or claim
in relation to that dispute under any law, including the
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Income Tax Act, 1961. All such claims already filed in
relation to the dispute must be withdrawn before filing the
declaration.
(vii) Once a dispute is resolved, the designated authority cannot
levy interest or penalty in relation to that dispute. Further,
no appellate forum can make a decision in relation to the
matter of dispute once it is resolved. Such matters cannot
be reopened in any proceeding under any law, including the
Income-Tax Act.
(viii) The declaration filed by an Appellant will become invalid if:
(i) its particulars are found to be false, (ii) he violates any of
the conditions referred to in the IT Act, or (iii) he seeks any
remedy or claim in relation to that dispute. Consequently, all
proceedings and claims withdrawn based on the declaration
will be deemed to have been revived.
(ix) Initially at the time of introduction of the Bill, the provisions
of the Scheme were not be applicable in respect of tax
arrears,— (i) relating to an assessment year in respect of
which an assessment has been made under section 153A or
section 153C of the Income-tax Act, if it relates to any tax
arrear; (ii) relating to an assessment year in respect of which
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prosecution has been instituted on or before the date of filing
of declaration; (iii) relating to any undisclosed income from a
source located outside India or undisclosed asset located
outside India; (iv) relating to an assessment or reassessment
made on the basis of information received under an
agreement referred to in section 90 or section 90A of the
Income-tax Act, if it relates to any tax arrear; (v) relating to
an appeal before the Commissioner (Appeals) in respect of
which notice of enhancement under section 251 of the
Income-tax Act has been issued on or before the specified
date.
d) However, before passing of the Bill in the Lok Sabha, the exclusion
provisions in Section 9 were amended to provide that the provisions
of the Scheme were not be applicable in respect of tax arrear if they
relate to an assessment year in respect of which an assessment has
been made under sub-section (3) of section 143 or section 144 or
section 153A or section 153C of the Income-tax Act on the basis of
search initiated under section 132 or section 132A of the Income-tax
Act, if the amount of disputed tax exceeds five crore rupees.
e) The Respondent No.2 has issued a Circular No. 7 of 2020 dated 4th
March, 2020 wherein at Question No.6 in response to the Query,
“Can the benefit of the Vivad se Vishwas be availed, if a search and
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seizure action by the Income-tax Department has been initiated
against a taxpayer?” the reply provided is as under:
“Case where the tax arrears relate to an assessment made
under section 143(3) or section 144 or section 153A or section
153C of the Act on the basis of search initiated under section
132 or section 132A of the Act are excluded if the amount of
disputed tax exceeds five crore rupees in that assessment
year.
Thus, if there are 7 assessments of an assessee relating to
search & seizure, out of which in 4 assessments, disputed tax
is five crore rupees or less in each year and in remaining 3
assessments, disputed tax is more than five crore rupees in
each year, declaration can he filed for 4 assessments where
disputed tax is five crore rupees or less in each year.”
f) The Vivad Se Vishwas Bill 2020 has been passed by the Lok Sabha
on 4th March, 2020 and by the Rajya Sabha on 13th March 2020.The
Bill will become an Act after the assent of the Hon’ble President of
India.
g) The Petitioner submits that the provisions of Section 9 which provide
for exclusion of tax arrears raised under Section 143(3) or section
144 or section 153A or section 153C of the Act on the basis of search
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initiated under section 132 or section 132A of the Act, if the amount
of disputed tax exceeds five crore rupees in that assessment year
are unconstitutional, invalid and inoperative for the following
amongst other reasons which are without prejudice to one another.
h) The Petitioner further submits that the provisions of Section 9 which
provide for exclusion of cases in which prosecution has been
instituted on or before the date of filing of Declaration are
unconstitutional, invalid and inoperative for the following amongst
other reasons which are without prejudice to one another.
i) That the following substantial questions of law of general public
importance arises from the present writ petition:
QUESTIONS OF LAW
1) Can the amendment of Section 9 of Vivad se Vishwas Act, 2020 allowed
for exclusion of tax arrears raised under Section 143(3) or section 144
or section 153A or section 153C of the Act on the basis of search
initiated under section 132 or section 132A of the Act, if the amount of
disputed tax exceeds five crore rupees in that assessment year?
2) Can the amendment of Section 9 of Vivad se Vishwas Act, 2020 allowed
for exclusion of cases in which prosecution have been initiated on or
before the date of filing of Declaration before the Designated Authority
to initiate resolution of pending direct tax disputes?
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3) Can the such amendments be allowed which violate Article 14 and 21
of the Constitution of India, since the amendments propose to
discriminate Assessees on the basis of the amount of a tentative
pending tax disputed?
GROUNDS
i) THE IMPUGNED PROVISIONS OF SECTION 9 ARE
DISCRIMINATORY AND VIOLATE ARTICLE 14 OF THE
CONSTITUTION OF INDIA:
As observed, the provisions of Section 9 exclude tax arrears raised
under Section 143(3) or section 144 or section 153A or section 153C
of the Act on the basis of search initiated under section 132 or
section 132A of the Act, if the amount of disputed tax exceeds five
crore rupees in that assessment year and exclusion of cases in which
prosecution has been initiated on or before the date of filing of
Declarationbefore the Designated Authority to initiate resolution of
pending direct tax disputes. Section 9 proposes to discriminate
Assessees on the basis of the amount of a tentative pending tax
disputed. Therefore, this discrimination constitutes violation of
Article 14 of the Constitution of India rendering the impugned
provisions unconstitutional and invalid. Only exception to the rule of
equality under Article 14 is the reasonable classification. Dealing with
the scope of Article 14, the Hon’ble Supreme Court in the case of
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Lachmandas Kewalram v/s. State of Bombay AIR 1952 S.C. 235,
clear held that held as under:
“While Article 14 forbids class legislation it does not forbid
reasonable classification for the purposes of legislation. In Order,
however, to pass the test of permissible classification, two conditions
must be fulfilled, namely, (i) that the classification must be found on
an intelligible differentia which distinguishes persons or things that
are grouped together from others who are left out of the group and
(ii) that differentia must have a rational relation to the object sought
to be achieved by the Act. What is necessary is that there must be
a nexus between the basis of classification and the object of the Act.”
ii) It is humbly submitted that there is no nexus between the basis of
classification and the object of the Act in the instant case. The
classification is not found on any intelligible differentia. It is
therefore, submitted that the impugned exclusion is not protected
by the exception of reasonable classification and as such is hit by the
provisions of Article 14 of the Constitution. Hence the impugned
exclusion of tax arrears raised under Section 143(3) or section 144
or section 153A or section 153C of the Act on the basis of search
initiated under section 132 or section 132A of the Act, if the amount
of disputed tax exceeds five crore rupees in that assessment year
and exclusion of cases in which prosecution has been instituted on
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or before the date of filing of Declaration before the Designated
Authority to initiate resolution of pending direct tax disputesare
unconstitutional, invalid and inoperative.
iii) The Petitioner further state and submit that the Hon’ble Court may
be pleased to issue Article 226 of the Constitution of India, and
appropriate direction, order a writ, including a writ in the nature of
“Mandamus” and / or “Prohibition” permanently restraining and
prohibiting, the Respondents, their officers and agents, from
operating upon the provisions of Section 9 of Vivad se Vishwas
Bill2020 as regards exclusion of tax arrears raised under Section
143(3) or section 144 or section 153A or section 153C of the Act on
the basis of search initiated under section 132 or section 132A of the
Act, if the amount of disputed tax exceeds five crore rupees in that
assessment year and exclusion of cases in which prosecution has
been instituted on or before the date of filing of Declaration before
the Designated Authority to initiate resolution of pending direct tax
disputes.
iv) The Petitioner submit that the exclusion brought through Section 9
of the Vivad se Vishwas Bill 2020 is of far reaching consequence and
shall effect a large number of Assessees. The Petitioner being
committed to the fair and judicious implementation of the tax laws,
is approaching this Hon’ble Court for an appropriate declaration
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about the invalidity of the Section 9 of the Vivad se Vishwas Bill 2020.
The Petitioner, therefore, submit that this is a fit case in which this
Hon’ble Court will, during the pendency of this Petition, stay the
operation of Section 9 of the Vivad se Vishwas Bill 2020.
v) It may be noted that the impugned exclusion shall cause avoidable
hardships to the Assessee without there being commensurate
revenue to the Government. Some of the hardships are as under:
i) Huge avoidable litigation costs and time wasted on account
of the long drawn process of litigations for the Assessee and
the Department.
ii) Misuse of Assessee funds for avoidable litigation costs on
account of the long drawn process of litigations for the
Assessee which could be used for betterment of Society.
iii) Such proposed exclusion will therefore result in wastage of
considerable time, monetary and manpower resources, etc
in as much as the Department would have to continue
monitoring the excluded Assessees in all tehsils of the
Country.
iv) Such measure as proposed does not have any provisions for
abatement of appeals filed by the Assessees against the tax
arrears raised under Section 143(3) or section 144 or
section 153A or section 153C of the Act on the basis of
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search initiated under section 132 or section 132A of the
Act.
v) Further, such measure as proposed does not have any
provisions for abatement of appeals filed by the Assessees
against the cases in which prosecution has been instituted
on or before the date of filing of declarationbefore the
Designated Authority to initiate resolution of pending direct
tax disputes.
vi) It is therefore, submitted that the impugned
exclusion has no justification and hence should be
amended to cover all tax arrears irrespective of the
sections under which the same have been raised.
7. Because of unconstitutional amendment and violation of equal before
law under Article 14 and Article 21 of the Constitution of India is
violating the principles of equality and transparency;
8. The Petitioner has not filed any other similar Petition regarding the
matter in dispute in this Hon’ble Court or any High Court throughout
the territory of India. The Petitioner has no better remedy available.
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9. That the Petitioner is left with no other alternative remedy except to
approach this Hon’ble Court by way of filling this present PIL under
Articles 32 of the Constitution of India.
10. That this Hon’ble Court has the jurisdiction to entertain the present
petition, as this Hon’ble court has extra ordinary power of judicial review
of the acts passed by the Parliament.
11. That the present Petition is being filed in the most bona fide manner,
as advised by law.
12. That the present Petitioner has not filed any other petition in any High
Court or the Supreme Court of India on the subject matter of the
present petition.
13. That the Petitioner will bear the costs of the petition if this Hon’ble
Court directs any imposition of costs in this regard.
14. The Petitioner submit that they have locus standi to file this petition.
The Petitioner 1 is a practicing Chartered Accountant. Therefore, the
Petitioner has filed this petition by way of public interest litigation in the
interest of his public at large. This Petition, is therefore, maintainable.
15. The Petitioner submit that they are challenging constitutional validity
of the impugned provisions. Therefore, there is no effective and
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alternative remedy is available to the Petitioner. Hence, the Petition is
maintainable.
16. The Petitioner No.1 is a resident of Mumbai and having his office in
Delhi and Mumbai, therefore submit that this Hon’ble Court has
jurisdiction to entertain and dispose off this petition.
17. The Petitioner submit that the Vivad se Vishwas Scheme 2020 has
received assent of the Lok Sabha on 4th March, 2020 and by the Rajya
Sabha on 13th March 2020 the amendment brought through Section 9
shall become effective after the accent of the Hon’ble President of India.
The Petitioner, therefore, submit that there is no delay in filing this
petition. The Petitioner further state that, if there is any delay, it is on
account of reasonable cause and this Hon’ble Court may be pleased to
condone the same.
18. The petitioner relying the Exhibits/Annexures attached with this
petition.
19. The Petitioner have paid the Court Fees of Rs._____ towards this
petition.
20. The Petitioner crave leave to add, amend, alter and / or delete any of
the grounds or submissions.
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PRAYER
In the aforesaid facts and circumstances of the case and in the interest of
justice it is most respectfully prayed that this Hon’ble Court may be pleased
to:-:
a) This Hon’ble Court may be pleased to declare Section 9 of Vivad se
Vishwas Bill, 2020 nonest, void, unconstitutional and ultra vires in
entirety.
b) That this Hon’ble Court may be pleased to issue Article 226 of the
Constitution of India, an appropriate direction, order or a writ,
including a writ in the nature of ‘Certiorari’ calling for the records of
the case and after satisfying itself as to the legality thereof, declare
that the impugned provisions are unconstitutional, invalid and
imperative.
c) The Petitioner further state and submit that this Hon’ble Court may
be pleased to issue under Article 226 of the Constitution of India,
an appropriate direction, order or a writ, including a writ in the
nature of ‘Mandamus’ and / or ‘Prohibition’ permanently restraining
and prohibiting the Respondents, their officers and agents, from
operating upon the impugned provisions of Section 9 of the Vivad
se Vishwas Bill, 2020 as regards exclusion of tax arrears raised
under Section 143(3) or section 144 or section 153A or section 153C
of the Act on the basis of search initiated under section 132 or
section 132A of the Act, if the amount of disputed tax exceeds five
crore rupees in that assessment year and cases in which prosecution
has been instituted on or before the date of filing of declaration.
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d) The Hon’ble Court be pleased to issue a writ of prohibition or any
other suitable writ, order or direction, restraining the Respondents
and their officers and agents, from giving effect to the impugned
provisions of Section 9 of the Vivad se Vishwas Bill 2020 or taking
any further steps whatsoever in implementation of the impugned
provisions.
e) This Hon’ble Court be pleased to issue a direction to the
Respondents directing them to not to give effect to impugned
provisions and withdraw the said amendment or in the alternative
modify the said Bill as the Court deems fit for or;
f) Pending the hearing and the final disposal of this petition the
Hon’ble Court may be pleased to restrain the Respondents from
implementing the impugned provisions. The Respondents be
restrained from giving effect to Section 9 of the Vivad Se Vishwas
Bill, 2020.
g) Ad interim reliefs in terms of prayer (c) and (d).
h) This Hon’ble Court be pleased to make appropriate provision for
reimbursement in respect of such cost of the Petition as are actually
incurred by the Petitioner.
i) Issue appropriate, directions and guidelines in the nature of Writ of
Mandamus or any other writ or writs in the interim, till the
Respondent No. 1 makes any law;
j) Pass such other and further Writs, Orders and directions as this
Court may deem fit and proper in the facts and circumstances of
this case.
And for this act of kindness, the Petitioner shall ever remain duty
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bound.
Drawn: Filed by:
D.V.SAROJ, SATYAPRAKASH SINGH
ADVOCATE,
SUPREME COURT OF INDIA
Drawn on: 16.03.2020
Filed on: 16.03.2020
IN THE SUPREME COURT OF INDIA [CIVIL ORIGINAL JURISDICTION]
WRIT PETITION (C) NO. _______ OF 2020 (PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
SATYAPRAKASH SINGH ,
… PETITIONER
VERSUS UNION OF INDIA& ANR …RESPONDENTS
AFFIDAVIT
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I Satyaprakash Singh Son of Harinath Singh, having PAN No. FGBPS3891H
About 34 years residingat Room no.1, Kalsekar, Pitamber Lane,Mahim
(W),Mumbai- 400016, Maharashtra do hereby state on solemn affirmation
as under:
1. That I am Petitioner in the above matter and I am fully conversant
with the facts and circumstances of the case and competent to swear
the present affidavit.
2. That I have read and understood the contents of the accompanying
Writ Petition Synopsis and List of Dates from Page No. 1 to 19 and
also the accompanying Writ Petition [Page No…….to……. ] which
have been drafted under my instructions and I say that the contents
of the same are true and correct.
3. That the contents of Para No. to of the above Affidavit are true to
my knowledge and nothing material has been concealed there from
4. That there is no personal gain, private motive or oblique reason in
filing the present Public Interest Litigation.
DEPONENT
VERIFICATION
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That the contents of this affidavit are true and correct to based of my
knowledge and belief. No part of it is false and nothing material has been
concealed therefrom. Verified at New Delhi on this _____day of March_,
2020.
DEPONENT
IN THE SUPREME COURT OF INDIA [CIVIL ORIGINAL JURISDICTION]
WRIT PETITION (C) NO. _______ OF 2020 (PUBLIC INTEREST LITIGATION)
IN THE MATTER OF: SATYAPRAKASH SINGH,
… PETITIONER
VERSUS UNION OF INDIA& ANR …RESPONDENTS
AN APPLICATION SEEKING FOR STAY
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To,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF
THE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF
THE PETITIONER ABOVE NAMED
RESPECTFULLY SHOWETH:-
1. That this is a Writ Petition under Article 32 of the Constitution of
India as Public Interest Litigation seeking Writ of Certiorari for
Quashing and Stay.
2. That the present application is being filed bona fide and in the
interested of justice.
PRAYER
It is therefore, most respectfully prayed that this Hon'ble Court may
graciouslybe pleased to:
1. Pass a Stay on Section 9 of the Vivad se Vishwas Bill, 2020 as regards
exclusion of tax arrears raised under Section 143(3) or section 144 or
section 153A or section 153C of the Act on the basis of search initiated
under section 132 or section 132A of the Act, if the amount of disputed
tax exceeds five crore rupees in that assessment year and cases in
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which prosecution has been instituted on or before the date of filing of
declaration during the pendency of present writ petition and / or.
2. Pass any other order/orders that this Hon'ble Court may deem fit and
proper in the facts and circumstances of this case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY
BOUND SHALL EVER PRAY
Drawn: Filed by:
D.V.SAROJ, SATYAPRAKSH SINGH
ADVOCATE,
SUPREME COURT OF INDIA
Drawn on: 16.03.2020
Filed on: 16.03.2020
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