S.K.SARRAF (ADVOCATE) (LAWYER) 13 December 2016

Use of identity document by other person

- WHAT IS THE REMEDY TO A WORKER (NRI) WHOSE PASSPORT COPY IS USED BY SOME PERSON FOR PAYING HIS SON'S WEDDING PARTY EXPENSES TO HOTEL, WITHOUT THE KNOWLEDGE OF WORKER, WHO HAS NO IDEA OF SUCH PAYMENT. 2 YEARS LATER WORKER IS SERVED WITH INCOME TAX NOTICE .

Pls let me know - sunnysarraf@gmail.com

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7 Replies

S.K.SARRAF (ADVOCATE) (LAWYER) 13 December 2016

I feel its a clear case of impersonation, for use of identity of another person, who does not even live in India, and has no knowledge whatsoever of the payments . Kindly correct me with your precious advise and comments.

S.K.SARRAF (ADVOCATE) (LAWYER) 13 December 2016

Kumar Doab (FIN) 13 December 2016

The answer to the notice lies in :

"identity of another person, who does not even live in India, and has no knowledge whatsoever of the payments . "

The Hotel is also responsible to check the original.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 14 December 2016

It wil be case of IPC 420 / 120B and other relevent sections, so Hotel, person who used card including other people will be guilty of offence

Kumar Doab (FIN) 14 December 2016

Submit the true reply to Inspectorate preferably thru your very able counsel/Law firm.

S.K.SARRAF (ADVOCATE) (LAWYER) 15 December 2016

I think it's a clear case of IDENTITY THEFT, covered by Sec 66C of chapter IX of Inf. Technology Act, 2000 coupled with 416, 417, 418, 419 IPC besides civil tort action.

S.K.SARRAF (ADVOCATE) (LAWYER) 15 December 2016

I think it's a clear case of IDENTITY THEFT, covered by Sec 66C of chapter IX of Inf. Technology Act, 2000 coupled with 416, 417, 418, 419 IPC besides civil tort action.