It is currently Mon Oct 25, 2021 8:15 am

Reply to topic  [ 16 posts ] 
FIL slapped with tax penalty 
Author Message

Joined: Sat Nov 06, 2010 12:14 am
Posts: 38
After 2.5 years of continuous complaining to IT department and following up with numerous RTIs upto CIC, today I came to know FIL has been slapped tax penalty(amount has not been disclosed to me, but I am trying to find that out). Tax department notified us that our information has been very useful in finding tax default by FIL in relation to alleged dowry!

Sat Jun 01, 2013 7:48 pm
User avatar

Joined: Sun Nov 18, 2012 12:58 pm
Posts: 756
bahut badiya....sach kaha hai.....kisi ke liye gadda khodo toh apna pehle hi khud jaata hai...

mehnat rang laayi dost...badhayi...

please write the complete and step wise step success story so that whole brotherhood can be benefited and repeat it need be.

if possible, with the contacts and designations...that will be even more helpful and time saving...

kisi ne toh payback kiya...

Sat Jun 01, 2013 7:57 pm

Joined: Fri Dec 31, 2010 4:19 pm
Posts: 1891
good result of TEP

Sun Jun 02, 2013 1:42 am

Joined: Mon Feb 06, 2012 8:24 pm
Posts: 453
sexy... bro, can you please elaborate in detail and step by step stuff ? i would like to know what did u write to CIC about and how much time did CIC take and what decision did it give ? did the CPIO give info to u before u wrote to CIC ? and how did things change after the decision of the CIC ?

i am finding it difficult as the CPIO has not furnished any info to me, and i have written to CIC 2 months back but the appeal is still under scrutiny.

also, did u file complaint with the CIC or 2nd appeal ?

Sun Jun 02, 2013 11:18 am

Joined: Sat Nov 06, 2010 12:14 am
Posts: 38
OK, so all the steps I used are already documented on this site, let me document how the journey went for me:
1. Sometime in November 2010, I filed initial TEP
2. Started sending RTI to income tax commissioner for progress/action since Jan 2011
3. Initially got responses like - sent complaint to this office, then that office, so on and so forth.
4. After about June 2011, I started getting response from tax commissioner that they are exempt from RTI
5. Filed appeal to deputy director, IT - got same response
6. Filed a response to deputy director with CIC orders in other cases and a Jaipur HC order in other case where in similar circumstances information was provided.
7. Again rejected.
8. Filed an appeal to CIC - This was june 2012 and I was losing hope
9. In February 2013 got response from CIC inviting to have video conference in March 2013
10. It was 3 way video conference with deputy director of IT and CIC. CIC heard the matter and in two minutes directed dy. director to provide at least the information whether the info provided by me was found to be truthful or not and whether it resulted in an action or not.
11. April 2013 I got copy of letter from CIC to dy. director regarding same direction
12. May 2013 - Dy. Director informs that inquiry has just completed, information has been found to be true, department is thankful to me, the information has been useful for department. After inquiry, it has been decided that action will be taken and file has been sent to local tax office to enforce the action.

Now, the icing in the cake is: on a separate complaint by me FIL is also investigated by his department(he being government servant). That enquiry has also reached highest levels and when they'll learn (courtesy me) that Income tax has concluded that he has evaded taxes on some income, I think the fact that he acquired that income illegally shall be very clear (they had already mentioned that some aspects of it are better investigated by tax authorities and depending on their findings they can proceed).

So overall, it has been 2.5 years, very slow process but seems to deliver in the end.

Last edited by 498_UP on Sun Jun 02, 2013 1:36 pm, edited 1 time in total.

Sun Jun 02, 2013 1:25 pm

Joined: Sat Nov 06, 2010 12:14 am
Posts: 38
May be I should also add:
In course of departmental inquiry FIL submitted that a substantial amount of money claimed to be spent in marriage in 498a FIR was self earned by my ex-wife through private contracts. We submitted this response in her DV maintenance case where she claimed to be not been able to support herself (if her father is to believed, her earning rate through private contracts would be very high, much more than my salary). After that, opposite party has not appeared in DV maintenance case at all.

Sun Jun 02, 2013 1:34 pm

Joined: Mon Feb 06, 2012 8:24 pm
Posts: 453
lolz, sexy stuff about DV bro.

but the time CIC takes to respond is heartbreaking. in your case it is a good 8 months :( guess i will have to wait for another 66 months (2 months have already gone by :( ....)

Sun Jun 02, 2013 1:56 pm
User avatar

Joined: Sun Nov 18, 2012 12:58 pm
Posts: 756

aise mat karo yaar...

I request you on the behalf of all the brothers to please take out some time and write a doc of a page or two atleast mentioning as much detail as possible specific about your quest to nail you FIL with this TAX thing....your 12 pointers are are just leaving us swimming in shallow water....there are so many questions how did you start it, with whom, where. Where did you file TEP. what did you write in in that. why and how did you approach RTI.
what mistakes did you learn in the whole process so that we can avoid it also...or expedite it.

for example, I have recently, been put DV and in that all false accusation and claims of high dowry given by her father are made. my FIL is ex govt. employee. hearings are yet to be what should I learn from your success and how and when should I repeat it my case or should I even do it or not....
brother ek chota mota document likh do yaar..sab ka bhala hoga...

Sun Jun 02, 2013 2:38 pm

Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
@ 498a_UP
Congrats from my end..............U R A REAL HERO! Keep it up.
Never forget to ask for prize-money from IT deptt, there is a provision for that too........for the informers who help 2 un-earth tax evasion

Sun Jun 02, 2013 5:27 pm

Joined: Tue Apr 19, 2011 12:00 pm
Posts: 754

Mon Jun 03, 2013 5:53 am

Joined: Sat Nov 06, 2010 12:14 am
Posts: 38
Dear rsaxena,
No worries, I am here to answer to all your questions. Actually, as I said, I do not know anything more than what is already available on this site as I used that information only. I can provide the specifics about my complaint with regards to your questions as well (writing a document-may be next weekend):

1. how did you start it, with whom, where. Where did you file TEP - I started with simple TEP, quoting FIL FIR, additionally quoting his properties that I knew of. Just a simple letter that I have evidence that this person is evading taxes on such and such amount and attaching FIR copy. With whom - Income tax commissioner of the area. If you are unsure of address of ITC of area, you can visit local IT office. Also made a copy to director of IT.
2. why and how did you approach RTI - I approached RTI to know progress in my case and also with the belief that such follow up will keep the IT department honest. Writing RTI is simple, just say application under right to information act and ask question what progress has been made w.r.t my complaint dated so and so. When is the inquiry supposed to be complete etc. Ofcourse don't forget the 10 rs order.
3. what mistakes did you learn in the whole process so that we can avoid it also...or expedite it - I am not really sure. I think other people (like Shoneeji) got it done far quicker than me, not sure did he do something differently or just that IT department in his area happened to be more efficient.
4. my FIL is ex govt. employee. hearings are yet to be what should I learn from your success and how and when should I repeat it my case or should I even do it or not - Of course you should file a TEP! As an ex govt employee he has fixed sources of income and if dowry claim made by him does not fit into those income sources, he is very likely to have same fate as my FIL. FIR itself is enough to start TEP process, it is good he shall be under pressure during hearing and during testimony. That is my opinion, other people can add to it.

Mon Jun 03, 2013 1:28 pm
User avatar

Joined: Sun Nov 18, 2012 12:58 pm
Posts: 756
Thank you, 498a_UP bhai.

in my case no FIR yet only DV filed by chudail... in which she has claimed that her haraami baap has given me and all my relatives huge amount of worth gifts. total estimate of gifts and expenses and dowry is above 1 crore rs.
saala 25,000 salary thi uski at the time of his retirement. ...

do you think it is manageable to do all this from abroad?

Mon Jun 03, 2013 1:35 pm

Joined: Tue Nov 06, 2012 10:59 am
Posts: 838
its all very much manageable from abroad.

Just draft everything and send to any of your family members and they can post/follow it for u

they cannot be taken as 3rd party cos these 498a bitches allege things on many people in family/relatives, so anyone of them can be the starter of this TEP thing.

Mon Jun 03, 2013 3:13 pm

Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
Affidavit submitted by her in DV case is quite enough to start wid TEP & sec 13a/Sec11 complaint to his office

Tue Jun 04, 2013 7:58 am

Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
my son's ex-FIL is finally fixed in income tax thru the TEP that we filed.
it has been a 7 1/2 years fight to nail them. now he has to cough up about 30 lakhs.

initially the opp. party made all efforts to stall the investigation by tax dept, playing all tricks as denying permission to share information, seeking transfer of assessment to another place, managing people at the tax office.

the journey began after the FIL’s evidence in court.

the declared income details for past several years were got under RTI, and based on this information and court evidence, TEP was filed to consider the amount of alleged dowry etc as unaccounted income. Investigation started, FIL invented means of slowing it down by seeking transfer of assessment to another place etc. At the new place of assessment the investigation was stalled for about a year due to “management” by FIL.

Then issue was taken to the CVC, from CVC the matter percolated down ttru CBDT to the assessing officer. With no option left, the department reluctantly made inquiry and arrived at income of about 14 lakhs and tax, interest of 4 lakhs was collected.

We were surprised how so much less amount was arrived at. On inquiry the tactics adopted came to be known.

The issue was again taken up pointing out how the assessment was wrongly done, due to misleading information by the assessee (though it is an open secret that the AO was hand in glove with assessee, we opted the other way round). The issue was taken up with PMO ,CVC and CBDT. The representation was backed by reasoning as to how the assessee(FIL) gave misleading information. Decisions of Supreme Court and ITATs were provided to show how the assessment could be wrong and that the decisions of Supreme Court were not followed/considered in accepting the information provided by the assessee.

The PMO forwarded the representation to the top income tax official of the District. The DGIT (investigation) also stepped in. Finally the assessment done earlier was cancelled and reassessment done. It resulted in addition of about 40 lakhs as income. The tax on it would be about 11.70 lakhs, interest 11.23 lakhs. Whether FIL paid the amount or went for appeal is to be known.

In addition to the above, there must be penalty of at least 100% (maximum 300%) of tax and prosecution of FIL in court of economic offences. We are preparing representations about penalty and prosecution as nobody is above Law and Law has to take its course. It is only a matter of time which has to be endured with proper planning and patience.

Mon Jun 18, 2018 4:34 am

Joined: Sat Nov 01, 2008 9:25 am
Posts: 80
Excellent Efforts, my best wishes to you and kudos to your courage and fighting spirit.

Mon Jun 18, 2018 5:04 am
Display posts from previous:  Sort by  
Reply to topic   [ 16 posts ] 

Who is online

Users browsing this forum: No registered users and 0 guests

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group
Designed by ST Software for PTF.