Sample Tax Evasion Petition
Dated: ____ (day),_____ (month) 2012 / 3 / 4 (year)
THE CHIEF COMMISIONER OF INCOME TAX _______________
____________________BUILDING
____________________ROAD _________________
____________________(CITY)
____________________STATE
________PIN_CODE________
Dear Sir/ Madam
A. TAX EVASION PETITION AGAINST THE UNDERMENTIONED
(1) Mr. __Father-in-law___ Son/O Mr. _______________, Resident /Of ___________
(2) Mrs. __Mother-in-law____ Wife/O Mr. _____________, R/O ________________
(3) Mrs. ___Wife__________ D/O Mr. __________ , R/O ______________________
(4) Mr. _____Brother-in-law________ S/O Mr. ____________, R/O______________
B. REQUEST FOR PROVIDING DETAILS OF NET TAXABLE INCOME OF THE UNDERMENTIONED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT, 2005 (UNDER SECTION 6 OF THE ACT)
(1) Mr. ____________ Son/O Mr. _______________, Resident /Of ________________________
(2) Mrs. ___________ Wife/O Mr. _____________, R/O __________________________
(3) Mrs. _____________ D/O Mr. __________ , R/O _____________________________
(4) Mr. _____________ S/O Mr. ____________, R/O____________________
With reference to the captioned matter it is humbly submitted for your kind consideration:
1. My wife, Mrs. __________ d/o Mr. ___________ has filed fraudulent cases of dowry harassment and Domestic Violence against me. She is claiming that out of her father's earning and accumulation, Mr. ___father-in-law___________ had spent over Rs. /- (Rupees Lacs) in the marriage of ________ (wife’s name) with myself, _______(husband’s name) ________, on _______(date_)_______. She has also stated that Out of these expenses Rs. /- (Rupees Lacs) were given as cash for me and her in the marriage. Rest of the money was spent on the arrangements of the marriage. The same has been stated before the protection officer Mrs. ____(name of protection office) _______ and Mrs. __(name of protection office)___________ in a Domestic incidence report dated ___________ (date)
2. It is also claimed that Mr. ___________(father in law) _ spent over Rs. /- (Rupees______ ) in the marriage of his son Mr. _________ on _______________.
3. It is further claimed in the FIR that Mr. _______________ (father in law) gave large no. of articles including a ___________car bearing registration no to applicant as dowry.
4. It is further claimed in the affidavit dated by Mrs. _____[wife]________that during her delivery which took place at her father Mr. ___________________ house, expenditure of Rs. _____00,000/-(Rupees _______Lacs) took place which was incurred by Mr. __________[FIL ]_____________
5. It can be inferred from the above allegations that Mr. ___________father in law _________has spent over Rs. /- (Rupees ______Lacs) in the financial year 2010-2011 on the marriage of his daughter Mrs. _______ (wife) and his son Mr. _______ brother in law _________ within span of _____(number of ) days / weeks. He further spent Rs. /- (Rupees Lac) during Mrs. ___(wife’s) delivery in financial year 2011-12.
6. Beyond the same, Mr. _________father in law________ is the lawful owner of a house admeasuring _____ Sq Yard in ________________ , has a factory ________, ___city_____ and some _____(#s) Acres of Land in _______ (village / thesil / taluk ) in __________
7. And it is common knowledge that he owns ______ #s of residential plots in ____city and neighborhood are in the name of his wife, Mrs. _______and daughters Mrs. ________ and Ms. __________ and few other Benami properties.
8. It has been averred many a times that he also owns 2-3 lockers in various banks, has multiple savings accounts. He is owner of one SUV ____brand model ______bearing registration no , an _____ car, a _______ motorbike.
9. It is also averred that Mr. ___Father-in law , Mrs. ____Mother-in-law____ , Mr. _____brother-in-law________ and Mrs. _____wife______ have accounts in State Bank of _______, , HDFC Bank , ICICI bank, YES BANK , and Punjab National Bank and other banks.
10. Mr. ___father in law _____has savings bank accounts in . The total volumes of transactions in these accounts have been Rs. (Rupees ) and Rs /- (Rupees ) from financial year 2009-2010 to 2012-2013.
11. Mrs. Mother-in-law has one savings bank account in . The total Volume of transactions in the captioned account has been Rs. ______ (Rupees ________ ) from financial year 2009-2010 to 2012-2013.Her PAN No is .
12. Mr. brother-in-law has one savings bank account in . The total Volume of transactions in the captioned account has been Rs. /-(Rupees ) from financial year 2009-2010 to 2012-2013.His PAN No is .
13. It requires to be ascertained whether Mr. father-in-law, Mrs. _____mother__in___law____, Mr. _____brother__in___law____ and Mrs. _____srimiathi__wifee_____ have disclosed their income and source from where they managed to acquire so many assets.
14. In case investigations are instituted through local authorities, it will enable to unearth huge revenues from father-in-law, Mrs. _____mother__in___law____, Mr. _____brother__in___law____ and Mrs. _____srimiathi__wifee_____. I, therefore, request you to kindly make proper enquiry in this case. The PAN NO of Mrs. _____srimiathi__wifee_____ is .
15. To the best of my knowledge Mr. father-in-law ______is involved in such-and-such-business from ____city_of__FIL__MIL__etc to outside India, an income tax payer and based on the allegations leveled against me and common knowledge, it can be inferred that he along with his family has been evading Income Tax and Wealth Tax for many years now causing loss to the exchequer of many Lacs per annum..
16. It is also common knowledge that Mr.____father-in-law_____ as earlier penalized for violation of _____________________ ACT, 1999.
17. It is further requested to be ascertained whether Non-resident Indian status claimed by Mr. father-in-law is valid under provisions of Income Tax Act, 1961 ( Section 6 of the Act) and Foreign Exchange Management Act, 1999 (Section 2 of the Act).His Passport NO is ___________________
18. Mr.___father-in-law____ s a hoarder of money and his greed of money is so huge that he along with his family 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.
19. It is further submitted that as per the records available at https://incometaxindiaefiling.gov.in the website which is run by Honorable Ministry of Finance (Department of Revenue, New Delhi) the jurisdiction for Mrs. _____srimiathi__wifee_____’s PAN i.e. , the jurisdiction for Mr. ___brother_in_law’s PAN i.e. and jurisdiction for Mrs. _____mother__in___law____’s PAN i.e. .
By the way of this application UNDER RIGHT TO INFORMATION ACT, 2005 (UNDER SECTION 6 OF THE ACT),May I request to inform me the following:
a. Whether the under mentioned are Income Tax Assessees
(1) Mr. father-in-law S/O Mr. _______, R/O ___Residence_of_FIL_MIL_BIL_SIL____etc___, ____city_of__FIL__MIL__etc.
(2) Mrs. _____mother__in___law____ W/O Mr. father-in-law , R/O ___Residence_of_FIL_MIL_BIL_SIL____etc___, ____city_of__FIL__MIL__etc.
(3) Mrs. _____srimiathi__wifee_____ D/O Mr. father-in-law , R/O ___Residence_of_FIL_MIL_BIL_SIL____etc___, ____city_of__FIL__MIL__etc.
(4) Mr. ___brother in law ____ S/O Mr. father-in-law , R/O ___Residence_of_FIL_MIL_BIL_SIL____etc___, ____city_of__FIL__MIL__etc
b. If they are Income Tax assessees, have they been filing their Income Tax Returns on a regular basis?
c. Please provide me with the certified copies details of Net taxable income of the above mentioned (4 of them) from the period 2001-02 to 2011-12.
d. What action your esteemed department is initiating against Mr. father-in-law, Mrs. _____mother__in___law____, Mr. ___brother_in_law_____ and Mrs. _____srimiathi__wifee_____ in view of this petition to recover the dues of Income Tax.
e. Whether Mr. father-in-law is Non resident Indian under the provisions of Income tax act or Foreign exchange management act.
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 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 courts 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. It was held in Appeal no. CIC/LS/A/2010/001044-DS decided on 24/03/2011 by Honourable Central Information Commission: 17. In light of the above view taken by the Apex Court, I am inclined to make an observation in this case. I have already discussed the settled point of law regarding public interest but it is in the pursuance of the principle of that public interest only where we feel that the information pertaining to net taxable income of an assessee for the period of year 2000 till date be furnished by following the Section 10 of the RTI Act to his Income Tax Returns.
I request you to kindly take cognizance of these judgments and orders and provide me with relevant information while simultaneously initiating the action for recovery of dues from Mr. father-in-law, Mrs. _____mother__in___law____, Mr. _____brother__in___law____ and Mrs. _____srimiathi__wifee_____.
In case your esteemed office is unable to meet my request, I would like to know the detailed reasons as to why such information is being denied to me. The applicant might be constrained to file a further RTI application, if the information sought is denied without any valid reason.
Your prompt reply in this regard shall be highly appreciated.
Thanking you in advance.
Yours Faithfully,
___Husband ___
Annexure:
a. Copy of the FIR and the list of dowry articles
b. Copies of affidavits and Domestic Incident Report
c. Judgments of Honorable Justice S. N. Dhingra and Justice S Ravindra Bhat of Delhi High Court
d. CIC (Central Information Commission), orders to release I.T. return information.
e. Photocopy of earlier Postal Order No _____________.
f. Postal Order No ________________
CC:
a. Director General of Income Tax (Investigation), ______ state_____
b. Chief Commissioner, Income Tax, ______ state_____
d. Member, I.T. Investigation, Ministry of Finance
e. Finance Minister of India, Ministry of Finance
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