Monday, 31 December 2012

ITR and TEP

if the said amount 10 lacs is borrowed, do the girl's family have to prove to IT dept. in this case what proof IT dept will ask. if the girls relatives come and say we have give this cash in hand without bank transaction will it be taken as proof.
  there is column in ITR which reflects CASH IN HAND. If the relative has that much of CASH IN HAND himself in that yrs ITR, only then his version can stand.

The same has to be filed with Addl. Director/ Director Investigation of your own District of the accused (your father-in-law). Please check whether the district he is residing in has Addl director or a director.

Mark the copy to the Director General Investigation which would sit in the Capital of the state of the accused.
Another Copy should be marked to Member Investigation, CBDT, Department of Revenue, Ministry of Finance, North Block.
The contents of the mail should mention the claims made in FIR along with the copy of the FIR and complaint.  That alone might not be sufficient, hence include the list of moveables and immoveables properties of your father in law. Also, if you know the PAN no of your Father In Law, quote the same and ask for certified copies of his returns starting from the financial year since you got engaged.

After 30-40 days of filing the Tax Evasion Petition, file RTI to know the status of your complaint.
  Use of RTI to release information in investigation report on tax evasion petition from Income Tax department to help defend against false dowry charges - Delhi HC
  https://docs.google.com/file/d/0B9e7CufCy7DCcGNpY0dla3lpSVE/edit

 Appeal dismissed against use of RTI to release information in investigation report on tax evasion petition from Income Tax department to help defend against false dowry charges also summons from the criminal court deciding 498a case not necessary to release the information - Delhi HC
  https://docs.google.com/file/d/0B9e7CufCy7DCYlo2ZndTNkJKMnM/edit

TEP RTI and Success case:
  https://docs.google.com/document/d/1Hume01ladFzeL1-CK9UmMFF1UKaiDyr2TdY2Qn5MSIc/edit

my address was wrong , I wrote at the end "if it doesn't pertains to your juricdiction then please forrward it to the write office".

Can we file a tax evasion even if the Father In Law/MIL/498a wife did not file income tax last couple of years (I am not if they filed Income tax)?
  Yes you can.
Same things happen, Notices are issued and investigation is done irrespective whether the person has a PAN no or not.

Yes, it is a double edged sword

All 3 (FIL/MIL/Wife)can be in the same TEP. But TEP should be filed as per the allegations in the FIR. Who have she named to have supposedly given dowry. File TEP only against them.

- to get the PAN number http://incometaxindiaefiling.gov.in/knowpan/knowpan.jsp

The marriage expenses as well as the marriage gifts will have to be duly accounted for, by the person concerned. Under the provisions of the said Section 69C, if the donor is not able to offer a satisfactory explanation about the source of expenditure or part thereof the amount covered by such expenditure would be deemed to be the income of the donor for such finan-cial year

Likewise, if the donor does not record the value of such gifts in his books of account or does not offer any explanation about the nature and source of acquisition of the item given by him as gift, it would be deemed to be the income of the person concerned in such financial year under the provisions of Section 69A of the Income Tax Act. Thus, every donor making a gift to a bride or bridegroom must, if required, be able to prove the source of the gift otherwise the amount covered by such expenditure or gift would be considered as the income of the donor concerned. 

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