Wrong statement during cross-examination
Guest
(Querist) 19 September 2011
This query is : Resolved
My wife has filed a case u/s 125 crpc for maintenance. I have tendered Income Tax returns/Saral as my income proofs.
I misunderstood the questions asked by the opposition counsel during my cross- examinat ion and I wrongly admitted that I did not submit computation of income with my income tax returns and also I did not put my signatures while filing my tax returns with income tax department.
My QUERY : WILL THE COURT NOW NOT CONSIDER INCOME TAX RETURN/SARAL AS MY INCOME PROOF.
WILL THE COURT TREAT THAT DOCUMENT AS FAKE.
prabhakar singh
(Expert) 20 September 2011
It depends up on the entire circumstances of your case regarding income,you did not tell you are in employment or in business,whether some more proof of income filed or not,filing a return is party's own act,even if proved correctly,may not have great bearing unless tax is being paid since long,or it is corroborated by some independent evidence,such as salary sheet etc..
Guest
(Expert) 20 September 2011
IT returns, unless objected by the ITO are not liable to be challenged. That can be treated a final proof to your income, unless proved otherwise as fake. The question arises, if you have not put your signature on the tax returns, how that was accepted by the ITO?
Raj Kumar Makkad
(Expert) 20 September 2011
Unless the return is proved false by concerned I authorities, it is true and is liable to be admitted. If return bears your signature and a capital account is duly shown, you oral statement has no value at all. Apart from this, you may also bring other affirmative evidence establishing your income.
Guest
(Expert) 20 September 2011
you admitted the document is related to you and in that document you have showm your income and if the income you shown is less than the actual income and it can be compared with the original record also. if the court thinkns about the sufficient income you have in the IT Return than the court will order for the maintenance of such and such amount and if found that income is very less than the opposing counsel if think doubtful than call to IT office clerk for verification.
M/s. Y-not legal services
(Expert) 20 September 2011
If you made any mistake in your chief examination as well as in your cross examination mean your counsel have to be correct it by your re examination. Now your admitted facts can be considered by the court.
Shastri J.K.
(Expert) 20 September 2011
I do agree with mr.raj kumar makkad.
jitender pawaria
(Expert) 20 September 2011
if your evidence is not closed you can called any official from income tax department in you evidence for establishing your income as well as evidence.
girish shringi
(Expert) 23 September 2011
I do agree with the experts.
