Income tax case and requirements in passport

Querist : Anonymous (Querist) 25 October 2010 This query is : Resolved
Hi,

This is the situation

My father has a Income tax case against him.The judgment was in his favor in the district court.However the IT dept went to the high court and the case is still pending.Now my question is my sister lives in USA.My parents want to visit her during this summer.My parents want to apply for a passport.In the passport application form there is a requirement to obtain NOC from the court where the case is going on?So does the court issue a NOC?Will the passport office issue them a passport and can they travel abroad?Any help is greatly appreciated.

The experts on the forum replied that the court does allow this type of permission but at the same time it is the discretion of the court which varies according to merit of the each case. However the passport authorities will not issue passport keeping the NOC pending since evasion of tax comes under economic offense

I understand that in the above case a NOC needs to be obtained for obtaining a passport.My question is if the court does not issue a NOC and since the case is acquitted in the district court,can we attach a judgment copy issued by the district court and an order sheet from the high court where the case is filed, for obtaining the passport?Please advice.Any help is appreciated.

Thanks
Mahi

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adv. rajeev ( rajoo ) (Expert) 25 October 2010
NOC is applicable to only criminal cases.

s.subramanian (Expert) 25 October 2010
You can move the high court for granting Noc in the appeal filed by the IT dept.

Querist : Anonymous (Querist) 25 October 2010
Hi Mr.Subramanian,

Can you please tell the procedure for obtaining the NOC from high court?

If the court does not issue a NOC and since the case is acquitted in the district court,can we attach a judgment copy issued by the district court and an order sheet from the high court where the case is filed, for obtaining the passport?Please advice.Any help is appreciated.

A V Vishal (Expert) 25 October 2010
Give full details in the appropriate columns in the application from. Further, obtain a Court order granting permission to travel abroad, which should be duly attested in original by the court and enclose the same to the application. If there is more than one case, the order should cover all the cases. Submit an affidavit about undertaking to follow the Court directions for travel abroad as per the conditions lay down and to surrender passport as directed any time by the authorities concerned.

Suppression of information about pending court cases will attract penalty of up to Rs.5000/- and add to the delay in processing the application

Devajyoti Barman (Expert) 25 October 2010
Yes

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