RAJ KUMAR SINGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) IS the provision of Section 2MB, Explanation 1, as amended by the Finance Act, 2001, ultra vires ? This is the short question that arises for consideration in this case.

(2.) THE original provision was in the following terms :

(3.) A fact which deserves mention at the outset is that nothing has been pointed out to show that the petitioner is even an assessee or that he has any cause of action. It appears that the challenge is wholly academic. The petitioner has not been served with any notice. No demand has been raised. No penalty has been proposed. No threat of conviction has been given. Thus, no cause of action is made out.