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Shyam (Business)     30 July 2012

How to prove against an allegation made by it department ?

 

Dear Sir, 

Subject: How to prove against an allegation made by IT dept. regarding transaction with a far away Agra Branch of BOI when my wife  didnt have any such transaction?

Question: Income Tax Department has sent notice to my wife  dt.28.03.2008 under section 148 of the Income Tax Act-1961 my wife has received the notice on dt.02.05.2008 alleging me to have made a transaction from Bank of India's Agra Branch for a sum of Rs.250000 for the assessment year 2001-2002.But the fact is that my wife have had no such account in Bank of India's Agra Branch nor has she made any such transactions. On communicating with the Bank's Agra Branch and Zonal office they replied saying that they have destroyed the past 7-8 years records while the transaction is now 11yrs old. we stay in Kharagpur,West Bengal. Please help how to can she prove that she has no account there. she a genuine businesswoman. Kindly help urgently.

Regards



Learning

 7 Replies

Ajit Singh Cheema (practising Advocate)     31 July 2012

The detailed information may be called under The Right To Information Act ,2005. The bank Cannot refuse information on such flimsy grounds.

 

 

CA. Vikash Dwivedi (Chartered Accountant)     05 August 2012

notice u/s 148 is sent to charge income escaped from the assessment.

Reply the notice with the same arguments what you have mentioned here. In support of your reply you can attach email/ reply received from BOI Zonal office. It may so happen ITO got some incorrect info. 

 

before sending notice the ITO has to record the reason for sending notice.at the end of you reply may be you can aks the what reason he has recorded.  since there is no such transaction.

 

you case is not clear. could yu mention to advise you better

a) date of filing of your return:

b) Date mentioned in the notice:

c) Amount of income tax you paid then:

d) the amount of tax what ITO has demanded:

R RAJAGOPALAN (ADVOCATE)     09 August 2012

1. Reply to the Assessing Officer strongly denying any such investment, and any such Bank account;

2. Write to the Assessing Officer that as there was no such bank account and transaction, you want to examine the Bank Manager on oath; therefore request the AO to exercise his powers under S.131 to summon the Bank Manager & to produce a copy of the alleged Account for the relevant period, for your examination.

neerajtiwari (Advocate)     11 August 2012

Question: Income Tax Department has sent notice to my wife  dt.28.03.2008 under section 148 of the Income Tax Act-1961 my wife has received the notice on dt.02.05.2008.

 

 

Reply  :-

why your question arise after 4 years ? &

your matter is releated from which year ?

if you send us these ans then we support u bettor .

 

thank u

Shyam (Business)     12 August 2012

Dear Sir,

The case has been on process for last four years.

the matter relates to the Assessment year-2001-2002

 

Thanks

Shyam (Business)     23 August 2012

Kindly help me with this matter Thanks

R RAJAGOPALAN (ADVOCATE)     24 August 2012

The notice under S. 148 was issued on 28-3-2008, ie; in the F.Y ended 31-3-2008. Therefore the Assessing Officer should have completed the re-assessment within 9 months from the end of that FY, ie; before 31-12-2008.

Has not the assessment been completed yet? 


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