Friday, August 7, 2009

TEP Complain after RTI Replay

To,

The Under Secretary

Ministry of Finance,

Department of Revenue,

Room No.55,North Block,

New Delhi – 110001

Subject : Income Tax Evasion Petition and Tax Recovery on Rs.---- Lacks against Shri FIL , R/o --------- (PAN NO :---------------.

Dear Sir/Madam,

This is to inform you that, Shri FIL has been evading Taxes & has not been disclosing the expenses to the Income Tax Authorities & hampering the investigation through his links.

Background

1. Smt 498A WIFE D/o Shri FILhas framed a false dowry complaint under section 498a/323/504/506 of IPC andunder section ¾ Dowry prohibition act .It has been claimed by Smt 498A WIFE in her own admission that her parents i.e. Shri FIL & Smt MIL had spent over Rs ____ lacks in the marriage on XYZ DAYE i.e. financial year ( 0000-0000).

2. Please refer to my correspondence held with offices concerning the jurisdiction of the person may be, who has committed fraud & has mislead the Income Tax Officials.

LIST OF DATES & INDEX OF CORRESPONDANCE ATTACHED WITH THIS APPLICATION FOR YOUR PERSUAL

Description Date Page No.

CPIO’s replay...............................................................................

Order of the first appellate authority...................................................

Submissions on First Appeal...............................................................

First Appeal...............................................................................

CPIO’s reply...............................................................................

RTI application............................................................................

TEP application............................................................................

FIR with Complain Letter on which fir was registered through ........................

Ground for complaint

1. With reference to CPIO’s replay of dated _________ its clearly indicates that in financial year _________, Shri FIL, income as per income tax records was only Rs_______lacks and he has not shown any expenses of marriage & Smt MIL is a house wife and she do not have any source of income BUT as per FIR they have spend Rs.______ lacks in her daughter i.e. 498A marriage.

2. Shri FIL , has unaccountable flow of income which is not shown anywhere in the returns Income. I request the learned Income Tax authorities to look into the matter by verifying cash flow history of Shri FIL, so as to recover valuable revenue in the form of Income tax which has been concealed from the tax Authorities with malafide intentions of cheating with the Government machinery.

3. As per section 133(5) it is mandatory to file income tax return on the expenditure incurred on marriage.

4. As Shri FIL (as claimed) had spent Rs____ lacks in financial Year _______ and his income as per Income tax return is Rs ______ lacks, Since he has not disclosed the expenses occurred in her daughter’s marriage and source of fund of Rs ____ lacks, it means, the balance amount i.e. _____ lacks may be a black money on which Shri FIL has not paid INCOME & OTHER APPLACABLE taxes, I request to authorities that tax should be collected as per provision of Income Tax.

5. Further careful perusal of the FIR & Attached Complain letter on which FIR have taken place, hints provision of section 68,69,69A, 69B, 69C & 69D under Income Tax Act of 1961 are applicable on ShriFIL as far as in my knowledge. However there may be many other provisions of income tax which is best known to Honorable Income tax authority.

6. The section 68 deals with cash credits proving identity of the creditor, capacity of the creditor, genuineness of the transaction are the important things of this section. Section 69 & 69A, B deals with unexplained investment, unexplained money & investment not fully disclosed in books of accounts.
7. Section 69C deals with the unexplained expenditure, the important requirement of this section is that an expenditure has been found to have been incurred by an assesses in any financial year and the assesses fails to indicate satisfactory source of such expenditure.

But I believe till date no action has been taken against Shri FIL to recover the income tax, wealth tax & other tax on Rs.----- lacks.

Request & Relief sought

  1. Shri FIL & Smt MIL, may give a baseless plea that the fir is not done by them, because the FIR has taken place through State Women’s Commission whom they have requested for FIR in the application submitted by Smt498A WIFE D/o Shri FIL, further misusing & misguiding the Government Machinery.

  1. Shri FIL, may misguide tothe Income Tax Authorities with malafide intentions of cheating with the Government machinery by evading taxes and also evading all kinds of wealth tax, luxury tax.

  1. Shri FIL income and source of fund is Rs.---- lacks as per income tax records in financial year________. Kindly recover the tax on Rs ________ lacks and start proceedings against Shri FIL as per provision of Income Tax and the authority is under bounden duty, since it relates and its refusal may prejudice the appellant upon which an FIR has been registered.

  1. I may be given the due prize money as per income tax guidelines for revealing this to the authorities.

  1. I request the authorities to kindly intervene & investigate the matter as it causing huge revenue loss of Rs. And other applicable penalties better known to authorties.

------Example to calculate tax (30% ON BAL AMMOUNT i.e ( X amount said in fir - Y As per Income tax records multiply by 2) Say dowry as per fir is 10lacks – as per income tax record income is 2lacks= 10-2=8lacks x 30% 2,40,000/- x penalty which is 100% of tax = 5,80,000/-

  1. I request you to initiate investigation through appointing High Level IRS to recover the revenue in the form of Taxes from Shri.FIL.

Yours sincerely,

HUSBAND

Copy To :

Hornable Shri. Palaniappan Chidambaram

Finance Minister of India

Room No.134, North Block,

New Delhi 110 001.

The Prime Minister's Office,
South Block, Raisina Hill,
New Delhi,
India-110 011.

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