Whether writ jursidiction can be invoked if income tax refuse to investigate the case
Raj
(Querist) 30 April 2014
This query is : Resolved
Sir...My Big Brother resident of Delhi has filed the tax evasion petition before the Income Tax authority Panchkula for conducting the investigation against the father in law who reportedly says that he has given 30 lakhs dowry at the time of marraige.The Directorate of Investigation, panchkula has not conducted any investgation and even under RTI he has not given any reply..Can we file the writ Petition against the writ petition in Delhi High court by making Directoarte General of Investigation (New Delhi) and Directorate of Income tax investigation, panchkula to conduct an investigation against his father in law for evasion of Income tax??
Devajyoti Barman
(Expert) 30 April 2014
Yes, you can file writ of quo warranto against erring officials.
Kiran Kumar
(Expert) 30 April 2014
prior to this find out whether there is any superior authority available where appeal or further complaint could be filed.
if yes then prior to filing of any such writ, it is advisable to take alternate action available.
Rajendra K Goyal
(Expert) 30 April 2014
Agree with the advise of expert Kiran Kumar ji.
Raj
(Querist) 30 April 2014
my brother has filed the complaint..can I file the writ in my name ( AS HE MAY NOT AGREE ) as there is common allegations aginst all the members of family by his FIL that he has given dowry to my brother and his family including me??
Anirudh
(Expert) 30 April 2014
Except the statement that he had given about Rs. 30 lakhs in dowry at the time of marriage of his daughter, is there any other evidence or proof that you have with you to allege that he had evaded tax? Without such evidence or proof, how can you insist that one should investigate.
The writ of Quo Warranto has no application whatsoever in the given fact situation.
yogesh
(Expert) 01 May 2014
Anirudh if the police has resgistered the case and conducted investigation/filed the chargesheet..what more proof is required??...there are 2 options either his FIR is false and he has depose falsely before the court .or he has evaded the tax.I agree with Devjyoti burman sir for invoking quo warranto writ jurisdiction
Advocate. Arunagiri
(Expert) 01 May 2014
The Vigilance department of IT will normally inquire in to any TEP. If they have not conducted any inquiry, you can go for Writ Petition.
But, I suggest to get the status information through RTI. There is every chance, that they would have conducted inquiry.
T. Kalaiselvan, Advocate
(Expert) 03 May 2014
I agree with the views expressed by Mr. Anirudh on the subject issue that without n evidence to prove that his FIL evaded the payment of income tax would be a futile exercise. What is the criminal case under the provisions of dowry prohibitions act against your brother has been acquitted?, in that case, it would very clear that his FIL has never paid any dowry amount at all, then where is the question of tax evasion?
Raj
(Querist) 03 May 2014
sir..My Brother FIL has made fake list in which exaggregated amount of gold and silver was mentioned and besides other items..The police has accepted his list and he and police opposed our anticipatory and bail applications on ground that all items has not been recovered..
Yes, we have MADE THE COMPLAINT AGAINST FIL by filing Tax evasion petition as he is Govt servant but no action has taken by Directoarte of Investigation, Income Tax then we have file the RTI seeking information about the enquiry but the information was denied
No we donot have the option as we have not been acquitted under sections 498-A/406
dr g balakrishnan
(Expert) 11 May 2014
you have recourse under RTI Act, u should prove that you are his son in law and his claim he paid you is fake, then under special power to be exercised by CIT would say whether there was a return of income of relevant AY there was an entry of expenditure of rs.30 lacs, then with that base you can move whatever court you want to go!
