IT case

Querist : Anonymous (Querist) 23 October 2010 This query is : Resolved
Hi,

My father has a Income tax case against him.The judgement 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.

Thanks
Mahi

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SAANJAAY GUPTAA (Expert) 23 October 2010
Your Father have to file an application along with an undertaking mentioned in the passport form (format)duly notarized before the Notary public and copy of the said application served to the other side and after hearing court may allow your father's application if court considered the ground mentioned above are genuine.

Devajyoti Barman (Expert) 23 October 2010
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. So the gravity of your father's case would determine whether the court would grant him the permission for the passport or not.

s.subramanian (Expert) 23 October 2010
Yes. It is the absolute and unqualified discretion of the concerned court.

Sathyan A.R. (Expert) 23 October 2010
you have stated that the earlier case was before District court decided in your favour and the IT department is in appeal before the Highcourt. Probably it may be a case of launching prosecution nder chapter XXII of ITACT . Since your case has already decided in your favour at the lower court and legally you are stand acqutted there will be ordinarily no problem to get the NOC from court subject to conditions imposed by the court with regard to security and bond.

However the passport authroties willnot issue passport keeping the NOC pending since evasioin of tax comes under economic offences

A.R.Sathyan

Querist : Anonymous (Querist) 24 October 2010
Hi,

Thank you all for the advice.Thank you.

Mahi

Querist : Anonymous (Querist) 24 October 2010
Hi,

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?

Thanks
Mahi

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