Tax on False Streedhan CLAIM
Querist :
Anonymous
(Querist) 30 December 2009
This query is : Resolved
Mrt ex-wife has submitted fictious list of Streedhan supposedly given by her father - mother in 1988 during marriage amounting to ~10Lakhs in present terms, apart from claiming rs.50,000/-pm maintenance since i am living in Dubai. Case has been pending since 2005, and I have won acquittal in fasle 498a case in 2008. SHE HAS ALSO THREATENED MY DAUGHTER WHILE DEPOSING AGAINST HER ADULTERY AS BEING THE SOLE EYE-WITNESS. I HAVE FILED FOR IPC-211 UNDER 340 R/W 195 ETC.
Q. CAN I FILE A APPROPRIATE COMPLAINT IN IT DEPT. ATTACHING THE LIST OF ORNAMMENT OF HER MAIN PETITION AND ASK IT DEPT. TO CHECK AND INVESTIGATE WHETHER HER FATHER HAD FILED 'IT RETURNS IN THE YEAR 1987-88, AND FROM WHERE HER FATHER GOT SO MUCH MONEY, SINCE HE WAS ONLY GOVT. EMPLYER IN RAILWAYS, NOW RETIRED SINCE 1993?? THIS IS TO PRESSUREISE HER IN FAMILY COURT AS SHE HAS BEEN ACTING VERY SMART, AND LADY JUDGE SEEMS TO BE HAND-IN-GLOW WITH MY EX-. I AM SUFFERING FOR LAST 5 YEARS AND LOOKING AFTER MY MINOR CHILDREN AS WELL. I NEED TO PUT A CAP ON THIS LONG DUD ISSUE AS MY DAUGHTER IS ENTERING INTO COLLEGE AND I NEED TO FOCUS MY TIME, ENERGY AND MONEY ON THEIR PROGRESS, WHILE MY EX- IS NOT ALL BOTHERED ABT WELFARE OF CHILDREN- ALL SHE AND HER PARENTS WANT IS ~RS.50LAKHS TO SETTLE THE WHOLE MATTER, WHILE I M ALL OUT TO PROVE HER ADULTERY, BUT TIME IS RUNNING OUTON ME. PLEASE URGENTLY GUIDE ME ON THIS. THANKS- SAMIR
Kiran Kumar
(Expert) 30 December 2009
u may make such complaint with the department, but it may start another set of legal process for u.
if u r really harrased then u may do it, they will have to explain to the IT department for every penny they claim to have spend.
make sure such a complaint must include questions abt his present assets also.
soumitra basu
(Expert) 30 December 2009
According to RTI you can ask the income tax department to inform you whether her father has disclosed the source of these ornaments on his income tax return.
You can also file a complain to the vigilence department of railsways complaning about the disproportionate wealth.
You can also ask the income tax department whether your wife had an income tax file and whether she had disclosed the same in her Income Tax Return.
You should satisfy the court that your wife does not require 50,000 for her day to day maintenance nor you have sufficient income to pay for it.
Raj Kumar Makkad
(Expert) 30 December 2009
I am 100% with you. In the given facts, this is the best option you should try. I had adopted the similar method in a matter and when IT department issued them notice, the ex, wife, her parents, relatives and all near and dears came to knees and a compromise as per whims and wishes of husband was made.
You should also put the questions about IT returns from the ex and her father and should also demand the copies of such returns in the ongoing legal battle. This is the shortest method to deal with such matters. You have already initiated some criminal complaints against them. Keep on.
joyce
(Expert) 30 December 2009
I agree with Kiran and Raj Makkad
Querist :
Anonymous
(Querist) 31 December 2009
THANK YOU DEAR ALL, kIRAN, rAJ, jOYCE, Basu and everyone else for your valuable guidance. I will release this Ram-Baan in coming new year, with new Hope of getting justice, have shown enough of mercy on this lady and her parents, it is time to attack, legally! I am wondering when will our India will live in peace from within!!
Please continue to shed more light on how to write complaint, or if anyone has a format, please do advise me where to search, or you may please send me by email.
My email is : saisada@emirates.net.ae
" WISHING HAPPY NEW YEAR-2010 TO YOU ALL GOOD SOULS..."
Kiran Kumar
(Expert) 31 December 2009
happy new year to u as well.
Querist :
Anonymous
(Querist) 31 December 2009
Dear All, I have drafted a Complaint for the subject problem. Please provide valuable feedbak on it's effectiveness and suggestion/amendment for best attack is whoelheartedly welcomed:
QUOTE:
Sub: Tax Evasion Investigation, Source of Income and Tax Liabilities under section 4(1)(b) of RTI Act against (1) Father-in-law: Mr. X, 2) Mother-in-law: Mrs. Y; and (3) Wife: Mrs. Z D/o Shri. And Smt XY.
Honorable Sir / madam,
Background
I, ABC R/o --, and presently living in(UAE) since 1992, wish to bring to your kind attention the following points:
I was married to Z, D/o Mr & Mrs. XY on 26th December’1988 according to Hindu Rites in presence of caste elders. My wife had filed a false dowry case against me in May’2005 at Nehru Nagar PS and I was jailed. Subsequently, I was released on bail and trial was concluded and ACQUITTAL ORDER was passed in Jan’2008 (Copy Attached as Annexure-B).
My wife has submitted double Maintenance Petitions under CrPC 125 in June’2005 (but withdrawn during evidence in 2008), and retained petitions no. C-XX/05 filed in dec’2005 under HMA in Bandra family Court for monthly maintenance claims of Rs. 50,000/-pm along with one house for herself, citing no source of income of her parents and living in poor conditions with them. Interestingly, break-up in her claim of Rs.50,000/pm maintenance also includes Rs. 15,000/- for rent of flat??!!
I have filed separately for Divorce vide Petition no. 123 in June’2005 under section 13 of HMA on grounds of cruelty to me due to false case of IPC-498a and adultery committed by my wife while living with me in UAE. I am taking care of my two(2) minor children (dau. & son) since 2005 who are under my safe custody. My wife has filed for custody of children vide petition no. D-/05, but children refuse to meet her.
She has submitted list of GOLD Items/jewelry weighing approximately _____ gms (estimated to be Rs. 9 Lakhs as on today) as ‘stridhan’ and claiming these are in my possession (Copy Attached as Annexure A), She is claiming that all these items were given to her by her parents during marriage in 1988.
Please note that during chief-in-examination of dowry law 498a case trial, my wife had categorically stated on S.A. that I had not demanded any dowry from her parents during marriage with her. (refer attached Annexure-B)
It is submitted that my father-in-law and mother-in-law both were Central Railway Employees at the time of marriage of their daughter with me in 1988, and are retired persons now. Both my father-in-law and mother-in-law are getting pensions since 1993 and 2004 respectively.
Ground for Complaint:
Since my wife is claiming to have received various gold ornaments amounting to huge value (~Rs.9 Lakhs) in financial year 1988-89, so her and her parents income tax returns and source of income/funds are to be verified, and tax should be collected with applicable penalty as per provisions of Income tax laws.
Q1. Where from Mr and Mrs. XY could buy so much gold items in marriage to give it to their daughter, and meet expense of marriage, and carried out other liabilities of the family besides having properties is a matter of investigation which your esteemed department has the jurisdiction to investigate.
Please investigate as to whether my father-in-law, my mother-in-law and wife, has ever shown such a huge amount as their income and paid taxes for the same (This income does not include only the amount allegedly spent on gold items/marriage but also amount spent on other liabilities of his family and invested / spent on the properties owned by them).
Q2. And if Mr and Mrs. XY had purchased the items of gold jewelry from proper shops/showrooms after paying proper taxes for their purchase, then do they have the receipts of the same???
Q3. Whether Mr and Mrs. XY had disclosed the source of these ornaments in their Income tax returns, and they should produce the same on demand?? Also, have they filed Gift Tax, if received gifts from 3rd party???
Q4. It is also submitted that Mr and Mrs. XY have a 3BHK Flat in Chunabhatti, and another 3BHK flat in Navi Mumbai, , the source of such investment is to be investigated.
Q5. Also, my both above mentioned –in-laws have travelled to USA, and UAE) on many occasions paying for costly air-fares the source of which is matter of investigation to be carried out.
Q6. Since my wife has been claiming for huge gold ornaments belonging to her (~9 Lakhs), please investigate whether my wife had an income tax file and whether she had disclosed the same in her Income Tax Returns.??
Request & Relief Sought
Shri& Mrs. XY and Smt. Z’s source of funds should be verified to recover the tax and to start proceedings against them as per provisions of Income Tax laws, and Authority is under bounden duty to investigate the said information since it relates and it’s refusal may prejudice the Appellant.
(NOTE: Honorable Justice S.N. Dingra of Honorable High Court of Delhi has given voice to my feelings in his land-mark judgment in the Case of “Neera Singh Vs. The State (State Govt. of NCT of Delhi) & Others – CRL.M.C.7262/ 2006 – 23.02.2007) as below:
“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 returnsâ€
It is therefore earnestly requested that necessary investigations may kindly be made against my father-in-law (Mr.X) Mother-in-law (Mrs. Y), Wife- Mrs. Z and required documentation of the above issues be obtained in the interest of Justice and requirements of law.
I would also like to request that the name of I.O. to be provided to me who will be looking at this matter, as there is every apprehension that the information provided to me will be misleading due to political pressure and beauraucratic contacts of above named persons.
I humbly request you to kindly take cognizance of my above complaint and honor the aforesaid Judgment to verify the source of funds and initiate actions against Mr. & Mrs. XY, and my wife Mrs.Z.
Thanking you.
Husband: ABC Through Lawyer (Mr. MMP- Adv. High Court, Mumbai)
Address: Navi Mumbai-705 (M.S.):
Contact No.
Enclosures :-
Annexure-A: List of Gold Items under Maint. Petitions
Annexure-B: Acquittal Order Copy of 498a Case no. .
UNQUOTE:
thank you all in advance. Jai SaiRam!
Vineet
(Expert) 01 January 2010
Dear Mr Anonymous
I am sorry to let you down on new year eve but I disagree with all the experts on issue of filing complaint with I T Department. Your complaint shall be simply filed as I T department cannot open cases of as old as 1988 for investigation. Further your application under RTI will also come to naught as a return of govt employee filed in 1988 was not supposed to includedetails of assets and liabilities leave aside source of any invetment. Moreover IT dept carries out weeding out exercise regularly and it is in all probability that return filed by your father at that time might have been already destroyed. So you will not succeed in obtaining any information leave aside harassing your wife's family through IT Department.
Yes you can try complaint with CVC, vigilence department of railways and CBI. There the onus will be on your father in law to explain source of assets he claims to have given to you. However, being an old matter of a retired emplotee and knowing the working of these organisations, I am sure you will not be able to acieve much.
Sorry for disappointing views, but that's how things stand.
Vineet
(Expert) 02 January 2010
Dear Mr Anonymous
First of all wish you a very happy new year. May all the harassment you are undergoing ends in this new year and you pick up threads of new life.
Sorry if what I am going to write dampens your spirits but I feel it my utmost duty to inform you about the steps you propose to take.
I wish the experts would have informed you about the fact that the Income Tax Department does not have power to investigate or reopen the cases more than six years old. So whatever complaint you are going to file with the department regarding so called assets acquired in 1988 by your in laws will just be filed. Moreover the department is not obliged to share with you the return filed by your in laws in 1988 or any other year under RTI as the same has been filed in fiduciary capacity and cannot be disclosed to third parties.
No action lies against your wife also even if she claims to have obtained ornament worth 9 lakhs from her parents. This amount is still well below the limit for filing wealth tax return and does not cause any case for filing wealth tax return.
The only remedy available with you is filing compliant with vigilence department of Railways and CBI but considering the nominal amount ( ornaments would not be worth more than 1.5 lakhs in 1988 considering todays prices), the fact that your father in law retired 17 years back, I wonder how seriously they will take this complaint.furthe the tone of your compaint smells more of personal vendetta than genuine information to compell any authority to act upon the same. In fact the same may prove counter productive as this may be contested as element of harassment by your wife and her family.
It may not sound good to you but I would suggest you to desist from any action of usinf authorities to harass somebody without any sound case against him. You contest the cases thrusted upon you by your wife in court and ask them to prove their claim through positive evidences such as source of income and bills etc of gift in light of deicison qoted by you.
Let the truth prevail.
Querist :
Anonymous
(Querist) 02 January 2010
Dear Mr. Vineet. Wishing you very hopeful new year, and thanking you for your unprejudice feedback. I guess you are SIFF member, and I am also a SIFF/PIFF member..! I appreciate your concerns, adn agree that it is definitely old case. Yes, I will discuss with my lawyers if CVC is better or not. In any case, I will tone down contents of the matter to look legal. However, Fact is that these uncroupolus wives have been blantedly MISUSING laws in their favor, rather quite openly supported by corroupt lady judge, and intentionally delaying my hearing and not allowing my minor dau(17yrs old) to depose against adultery of my ex-, just ot frustrate me since i have to come all the way from UAE, and make me spent on air-travel - i had to bring my dau. 5 times in 7 months to depose against my ex-!!!?? NOw, you tell me, should I also not make of atleast some of the legal options available to me to harass them, even if whole thing will die down after initial enquiry??? Idea is to give them nightmare of haunting thoughts of IT or CVC making round to their home and causing pseudo-fear! I have also initiated case under IPC-211 under 340, r/w 195 in 498a court where in i am now acquitted. Please note that my ex- had gutts to verbally and physcically threaten my dau. right inside court premises as she has reportedly bribed the judge to frustrate and delay my matters!! Everything is fair in love and WAR!!I thank you fro your advise, and suggestion, and will see how best i can release my arrows to atleast twist the routine, and play in Chanakya neeti style. Thanks again, and Please do continue to shed light in my case. I shall reach mumbai on 15th Jan to discuss filing IT / or CVC complaint, whichever suits my case...!! I want to set examples to others how to 'Halaal' your ex- in this kind of suffering due to 498a and maint. laws favoring wives... let us join hands and protect our children and parents from these surpankhaas....!! SOS!! and Jai Sairam!!- Samir.victimofmisuse.498a
Vineet
(Expert) 04 January 2010
Dear Mr Samir
What is this SIFF / PIFF membership.
Hope you succeed in your mission and all the best.
Querist :
Anonymous
(Querist) 05 January 2010
SIFF: Save Indian Families Foundation (www.saveindianfamily.org) - active NGO- who are fighting injustice to innocent victimized husbands and their families brought on them through open misuse of draconian laws 100% in favor of wives/women like 498a and DVA and such other.
PIFF: Protect Indian Families Foundation.
I have discussed your views with my family court lawyers, and is under active consideration from all angles. I shall keep you posted in my fight with devils within our own homes...!!! Thanks for every thing! Sairam!
