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Court is inclined to allow the present application and permit the petitioner to travel to UAE and Thailand, with a further direction that he shall return to India on or before April 06, 2022, subject to certain conditions and was held by High Court of Delhi through the learned bench led by HON’BLE MR. JUSTICE V. KAMESWAR RAO in the case of JAYANT NANDA vs. UNION OF INDIA, THROUGH: SECRETARY, MINISTRY OF FINANCE, GOI & ORS. on March 11, 2022.

Brief facts of the case are that petitioner intends to travel to UAE from New Delhi on March 04, 2022; from UAE to Thailand on March 14, 2022 staying in Thailand till March 27/28, 2022 when he shall again fly to UAE and return back to New Delhi on April 06, 2022 as he is a Non-Resident since 1989 and his place of residence is Dubai from where he carries his business, which is spread over various countries and he is travelling to Thailand to restart the construction of a hotel / resort on the land owned by his company at a place called Koh Samui, Thailand, which construction was halted due to the COVID-19 pandemic.

Learned counsel for Petitioner states that on earlier occasions also this Court has granted permission to the petitioner to travel to UAE and also to UK subject to conditions imposed which the petitioner has scrupulously followed and has always returned back to India. He stated that  the security / surety provided to the Registrar General of this Court, pursuant to earlier orders  continues to be with the Registry of this Court.

Learned Senior Counsel appearing for the Income Tax Department states that the request of the petitioner to travel to UAE and Thailand does not deserve any consideration  as the petitioner is under investigation for commission of offences punishable under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. The investigations conducted so far indicate that huge unaccounted income was parked outside India and the same was brought back to Indian companies in the name of either the petitioner or entities owned by the petitioner.

There is no dispute that this Court vide order dated May 24, 2021 had permitted the petitioner to travel to UAE for two months subject to fulfilling some conditions which he fulfilled and order dated September 06, 2021 states that the petitioner was able to travel to UAE on August 28, 2021 and returned to India on September 05, 2021.

Court is inclined to allow the present application and permit the petitioner to travel to UAE and Thailand, with a further direction that he shall return to India on or before April 06, 2022, subject to the following conditions:

1. The petitioner shall furnish a security by way of an unencumbered property of a value of ₹10 Crores or more, or a fixed deposit of the same value before the Registrar General of this Court.
2. The petitioner shall also furnish a liquid security for a sum of ₹1 Crore, either in the form of a Bank Guarantee or in the form of a Fixed Deposit or in any other liquid form before the Registrar General of this Court.

• The petitioner’s sister Dr. Jyotsna Suri shall also stand as a surety and shall execute a surety bond for the petitioner guaranteeing his return to the country on or before April 06, 2022, before the Registrar General of this Court.

1. The petitioner shall furnish a full itinerary of his stay at UAE and Thailand, including the places where he would be staying in at UAE and Thailand along with a functional phone number for all such places including his personal mobile number and Till the petitioner returns to the country on or before April 06, 2022, the wife of the petitioner shall not leave the country.

The Deputy Director (Investigation) shall duly inform the Immigration Bureau once the aforesaid conditions are met.

Click here to read the Judgment

Judgment reviewed by – Amit Singh