Mv act help
Munish Kumar Garg
(Querist) 21 May 2012
This query is : Resolved
Hello Members,
In the present case the deceased worked as a Manager in the bank and had voluntarily sought the retirement in the year December, 2006 and after that he was receiving the pension from the bank that amounts to Rs.10,000/- per month and after he sought retirement he started the private business but in the month of April, 2008 the husband/father of the claiments had succumbed to the injuries in the accident.
I want the help on the point that in above case, Ld. MACT had ignored the copy of Income Tax Assessment, which was duly proved by them by summoning the record of Income Tax Department, filed by the claiments of the deceased which was filed by the deceased himself for the assessment year 2007-2008 for the financial year 2006-07 and he paid income tax to the department before the accident took place.
But the ld. MACT ignored this fact and assessed the income of the deceased for calculating the earnings by come to an finding that the deceased provides only gratuitous services besides earning for them and in this way his wages could be calculated as casual workman which are around Rs.150/- per day.
So my request to all members is that please provide me some good citations in which the Income Tax filed by the claiments will be taken into consideration for the assessment of the earnings.
Thanks
Munish Kumar Garg
Sanjay Dhiman
(Expert) 21 May 2012
I am fail to understand the concerned Tribunal is not considering the IT return, because we have not seen a single case like this, there are number of citation on this point, find out on indian kanoon web site, because if i dont mind on this site generally answer of expert relates to legal problem etc. not citation except in some cases. good luck.
Shonee Kapoor
(Expert) 22 May 2012
You can challange the said order in higher court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
