The Addl The Addl.Commissioner Commissioner Commissioner/ Commissioner / Commissioner / Commissionerof Income Tax of Income Tax of Income Tax,
A. Tax Evasion Petition against Mr. A. Tax Evasion Petition against Mr. Tax Evasion Petition against Mr. XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX r/o XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
B. Request for providing Certified Copies of ITR of XXXXXXXXXXXXXXX XXXXXXXXXXXXXXX XXXXXXXXXXXXXXXto the applicant
The following is submitted:
1. My wife, Mrs. XXXXXXXXX d/o Mr. XXXXXXXXXXXXXXXXXX has filed a bogus dowry complaint against me. She is claiming that out of her father’s earning and accumulation, Mr. XXXXXXXXXXXX Mr. XXXXXXXXXXXX XXXXXXXXXXXX had spent over Rs. spent over Rs. spent over Rs.XX,00,000 ,00,000 ,00,000/- (Rupees XXX Lacs) in the Lacs) in the marriage of XXXXXXXX marriage of XXXXXXXX XXXXXXXX on XXXXXXXX XXXXXXXX XXXXXXXX. Out of these expenses Rs. XX,00,000/- (Rupees XXX Lacs) was spent on buying gifts for me and her in the marriage. Rest of the money was spent on the arrangements of the marriage.
2. It is further claimed under sworn affidavit in the case u/s 12 of Protection of Women from Domestic Violence Act, 2005 that expenses of XXXX lacs were done as per the standard of their family.
3. It is further claimed in the FIR It is further claimed in the FIR in the FIR/ PWDVA, 2005 / PWDVA, 2005 / PWDVA, 2005 that XXXXXXXX XXXXXXXX XXXXXXXX gave Rs. gave Rs. gave Rs.XX,00,000/- (Rupees XXX (Rupees XXXLacs) to the father of the Lacs) to the father of the Lacs) to the father of the informer informer informeron XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXXas further dowry as further dowry as further dowry.
4. It can be inferred from the above allegations that Mr. It can be inferred from the above allegations that Mr. can be inferred from the above allegations that Mr. XXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXXXhas spent over has spent over Rs.XX,00,000 ,00,000 ,00,000/-(Rupees (Rupees (Rupees XXXXLacs) in the financial year 20 Lacs) in the financial year 20 Lacs) in the financial year 20XX-XXon the marriage of on the marriage of his youngest daughter; and Rs. XX,0 his youngest daughter; and Rs. XX,00,000/- (Rupees (Rupees (Rupees XXX Lacs) in the financial year Lacs) in the financial year 20XX-XXfor further dowry. or further dowry.
5. Beyond the same, Mr. XXXXXXXXXX is the lawful owner of a house measuring XXX house measuring XXXSq Yard in XXXXX Yard in XXXXX, has a plot in , has a plot in , has a plot in XXXX and some and some and some XXXX Sq Yard Sq Yard Sq Yards of Residential s of Residential s of Residential Land in Land in XXXXXXXXXX. XXXXXXXXXX.And it is common knowledge that he owns 3 And it is common knowledge that he owns 3 And it is common knowledge that he owns 3-4 houses in 4 houses in 4 houses in XXXXXin the name of his wife, XXXXXXXXXXX name of his wife, XXXXXXXXXXX XXXXXXXXXXX and few and few and few other Benami properties. It has been averred properties. It has been averred many a times that he many a times that he also owns also owns also owns 2-3 lockers in various banks, had multiple savings 3 lockers in various banks, had multiple savings accounts and has Fixed Deposits worth over XXX accounts and has Fixed Deposits worth over XXXLacs.
6. This requires to be ascertained whether Mr. XXXXXXXXXXXXX has disclosed his income and source from where he managed to acquire so many assets. In case investigations are instituted through local authorities, it will be able to unearth huge will be able to unearth huge revenue from Mr. XXXXXXXXXXX revenue from Mr. XXXXXXXXXXX XXXXXXXXXXX. I, therefore, request you to kindly make proper enquiry in this case.
7. To the best of my knowledge Mr. XXXXXXXX Mr. XXXXXXXX XXXXXXXX is a retired a retired a retired XXXXXXXXX XXXXXXXXX XXXXXXXXX and not an income tax payer and based on the allegations based on the allegations leveled against me and common leveled against me and common knowledge knowledge, it can be inferred that can be inferred that can be inferred that he hasbeen evading Income Tax and Wealth Tax for been evading Income Tax and Wealth Tax for many years now many years nowcausing loss to the exchequer of many lacs per annum causing loss to the exchequer of many lacs per annum causing loss to the exchequer of many lacs per annum. It is also to be noted that his wife Smt. XXXXX is a house wife and his daughter, i.e. my wife, Smt. XXXXXX is also a housewife and have no source of income.
8. It is also common knowledge that Mr. XXXXXXXXXXXXXX is already fighting a case of embezzlement of funds and his pension is stopped. Thus someone who has no known source of income and is so wealthy must be having sources of i source of income and is so wealthy must be having sources of income which he has ncome which he has hidden from the authorities. hidden from the authorities.
9. Mr. FATHER-OUT-LAW is a hoarder of money and his thirst of money is so huge that he along with his wife is the main instigator of spoiling my married life. He has been harassing me and extracting money from me on various occasions on one pretext or the other ever since my marriage by threatening to file multifarious litigations against me. It was only when I showed helplessness in providing him with more money on a regular basis that they filed this FIR and various maintenance suits against me to extract money from me through legal terrorism.
By the way of this application, May I request to inform me the following:
a. Whether Mr. Whether Mr. hether Mr. XXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXXX, r/o XXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXX XXXXXXXXX, is an Income Tax assessee. an Income Tax assessee.
b. If he is an Income Tax assessee, has he been filing his Income Tax Returns on a regular basis.
c. Please provide me the details with certified copies of Income Declared Declared/ Income Tax Paid / Income Tax Paid from the period 20XX from the period 20XX-XXto 20XX-XX.
d. What action your esteemed department What action your esteemed department department is initiating against Mr. is initiating against Mr. is initiating against Mr. XXXXXXXXXXXXXXX XXXXXXXXXXXXXXX XXXXXXXXXXXXXXXin view of this petition view of this petitionto recover the dues of Income Tax to recover the dues of Income Tax to recover the dues of Income Tax.
Also enclosed is the Judgment of Honorable Justice S. N. Dhingra which has relevance to the first part of my application. The same notes:
“Now-a-days, exorbitant claims are made about the amount spent on days, exorbitant claims are made about the amount spent on
marriage and other ceremonies and on dowry and gifts. In some cases claim is
made of spending crores of rupees on dowry without disclosing the source of
income and how funds flowed. I consider time has come that cou income and how funds flowed. I consider time has come that courts should insist should insist
upon disclosing source of such funds and verification of income from tax returns”
Also enclosed is the Judgment of Honorable Justice S Ravindra Bhat of Delhi High Court and CIC (Central Information Commission) order to release I.T. return information to the victims of dowry harassment, which has relevance to the second part of my application.
I request you to kindly take cognizance of these judgments and order and provide me with relevant information while simultaneously initiating the action for recovery of dues from Mr.FATHER-OUT-LAW.
Your prompt reply in this regard shall be highly appreciated.
Thanking you in advance.
a. Copy of the FIR and the list of dowry articles/ copy of application u/s 12 of PWDVA, 2005
b. Judgement of Honorable Justice S. N. Dhingra and Justice S Ravindra Bhat of Delhi High Court
c. CIC (Central Information Commission), order to release I.T. return information.
a. Commissioner of Income Tax, XXXXX
c. Chief Commissioner, Income Tax, XXXX
d. Member, I.T. Investigation, Ministry of Finance
e. Finance Minister of India, Ministry of Finance