Not paid income tax for over 10 year

Income Tax does not come under jurisdiction of Police. If you have solid evidence you can report to Income Tax department. Merely making allegations are of no use, there has to be some solid evidence to back your allegations. Since you are saying he recieves cash, it will be very difficult to prove what you are alleging. Unless cheques are account payee, bearer checks are also as good as cash. No crime is committed if the income is below the taxable limit.

Before making any complaints you should pay attention on following points:-

1There should be solid evidence which supports your complaint.

2.The deduction of interest on housing loan and payment of principle amount is available which can make income below the taxable limits.

3.generally cash receipts are not easily treaceble so there should be solid evidence that person is having income in cash.

But i appreciate that you are aware of the duties of a citizen and want to help govt. in preventing tax evasion....

why are you jealous of that person? he is earnning the income from Rent it may be a case that the building is owned by someone else who is paying the tax on that property. Since that may be the case of tranfer of incoem without transfer of asset and the income from that proerty will be clubbed with the income of owner and IT department is getting there revenue.

If contrary is the case then you can bring this to the notice of ITO of his ward/ range but One should have REASONABLE GROUND TO BELIEVE he is evading tax or conceling income. that person may be senir citizen/ women and not coming under maximum exemption limit .

There may some other chances as you did not disclose all the information.

think before you act...

Dear Dwivedi Ji,

Thanks for your kind response. I read your profile and find it interesting to see a CA purse law. I do beleive that India needs more cross functional specialists as we are nearly as advanced, if not more than than the super power nations.

Sir,I am not jealous of that person, but I am furious !!!! The property was built using my money for which I worked very hard. That person is none other than my FIL who has built this property and earning rental income. He is neither a senior citizen/women. He has cheated me and I am trying to find legal ways to get around the issue. 

I invested over Rs 65 lakhs on the property. The property is worth nearly Rs 1 Crore. 

Thanks for your suggestion. I am going to write to the RTO of the concerned ward and see what comes out of it.

Regards

 

 

Absolutely right dicision given by Dwivedi Ji.. But another aspect of this issue is that, As per Sec.64 of IT Act,1961, if that person / ITO prove that the property buildup by your money and transfer to the present owner without proper consideration, then, by virtue of this sec.64, the rented income will be clubbed with your taxable income and increase your tax liability..

In practical aspect , it will be defficult for yourself to collect that rent income.. here rented income will be eaned by the present owner, but clubbed with your income... 

 

 

Generally we see sons-in-law cheating fathers-in-law. Here it appears the tables are turned.  Where is your wife? Is she with you or has gone back to her father?  I presume that you are married at least for 10 years. What does your wife say? This is not a case of income-tax evasion. As you rightly said this could be a case for the police. But the case is 10 years old. The police or the criminal court will ask you “What have you been doing all these years?”.  If you are prepared to take the risk of forgoing that money, make a trustworthy third party report to the Income-Tax Department without disclosing your name. The complaint should be not only for tax evasion, but also for holding assets beyond the known sources of income. But again there is a hitch. Your father-in-law is holding the property for more than 10 years. The Income-Tax Department can ask for accounts of only the past 6 years. Your father-in-law has only to tell a credible lie as to his 10 year old source of income. Probably you may be able to intervene at some stage during the proceedings and say that the property actually belonged to you and your father-in-law had cheated you. The Income-Tax Department at Chennai are not going after the many DMK’s and ADMK’s. Let them at least go after your father-in-law.

Again I ask you “Where is your wife?  Have you got children? If you have got wife and children the picture will completely change.

Dear Mr. Adam,

the problem is of "Time". 10 years of time is such a long time which you can not make good by doing back dated activities.

Say if you convince your FIL that you had ginve money to him on Interest and if you show that he was payning principal and interest to you, say till last year and now stop paying then the case is recent one and you can go to Pilice BUT the problem will be for the past year interst your earned might not be reflected in your ITR ans you'll entangle yourslef.

If you show it as Revocable transfer then also the clubbing provision attracts, but think there can be remedy for longterm revocalbe gift (i'll have to check or if some gentlemen could see, please suggeest).

I believe you must have given money in Cash, for which you must not be having any proof.

Also,if  I look from ITO point of view Prima facie it seems as if you had an intension of diverting you income but later on when you stuck and finds deadlock you are now complaining/ bringing it to the notice of ITO.

your action may put you in witness box and i can endorse Dr. Ramani's view "to take the risk of forgoing that money" .

At the same time my belief is, Every Problem has 3 Solution:  Two Favourable and other Unfavourable. All we need is to Identify and Recognise those at least 1 out of 2 Favourable solution.

good luck

VKDwivedi

 Plz let me know are the blow mention details are enough or do I need to add some more proofs, wanto to file a complaint on my uncle who cheated us, and plz let me know the process to proceed

 

 

Sub: - Complaint against MY UNCLE business man  

 

            I am furnishing below the details of complaint against My uncle(XXX), for yours kind and speedy action.

 

 

1.      xxx has a open land property of Sq yard 2000 bearing municipal no:---1 under his exclusive enjoyment at xxxl though the same nominally stands in the name of his wife  Property taxes to the said property are being paid by my uncle and the said property even by modest standards is valued at Rs. 80, 00,000-00.                                                                                                                                                                  

2.      my uncle also holds nearly Sq yard 1000 of agriculture land at --- Dist under benami names of his family members and the same is roughly valued at Rs.10,00,000-00    .                      

3.      xxx has his exclusive possession and enjoyment various automobiles and vehicles viz,                                                                                                                                                                                                                       

·         One Maruthi Zen  Motor car

·         One Mahindra Jeep Bolero on his sons name

·         One Royal Enfield Motor cycle

·         One Bajaj Pulsar Motor cycle

·         One Hero Honda Splendor Motor cycle

        Ford Fiesta

        Mahendra Scorpio

 

 

4.      xxx enjoys a posh life style with various house hold utilities and articles whose combined value is at about Rs.5, 00,000 to Rs. 6, 00,000-00.                                                                                                                                  

5.      XXX also conducts off the record of the money business with loans totaling nearly Rs.20, 00,000-00 advances to various people and businesses at --- and ---. Some details of the said business are                                                                                                                                                                                                                                                                      

·         M/s KEL,  paid an amount of Rs.10,00,000-00 as interest alone on an undisclosed amount borrowed from xxx

·         MR XYZ(X Corporater),  also holds undisclosed amounts as lone borrowed from Mr.XXX

·         Mr.A (Railway contractor) of Hyderabad borrowed an amount of Rs.6,00,000-00 from XXX

·         Mr.B, Retired Deputy forest Range Officer, R/o xxx borrowed an amount of Rs.5, 00,000-00.

·         Mr.C, contractor, R/o  borrowed an amount of Rs.6, 00,000-00.  xxx and Mr.ZYX are equal partners in a newly started venture (---) without any license) at Orissa with initial amount of Rs. 40,00,000-00

 

As such the aforesaid loans are still outstanding and the interest accrued thereon is still being received by xxx

 

6.     xxx holds an amount of Rs.25,00,000-00 in account no: 0591110000xxxx(Available bank account numbers), standing on his name, with DCB Bank                                                                                                                                                     

7.      xxx holds deposits valued at Rs.10,00,000-00 (A/c  0591110000) with DCB Bank , Branch ( )in the name of his unmarried Son                                                                                 

8.  xxxholds deposits valued at Rs.10, 00,000-00 (A/c 0591110000xxxx) with DCB Bank in the name of his Father.                                                                                                   

9.    xxx holds LIC account on his wife’s name  A/c no: 680xxxxxx xx Branch

     

10.  xxx has also sold out a Reputed business unit            ,cheating his own elder brother (Equal partner of the unit) without his consent for Rs 1.5 crore. to Mr.D resident of ---- For which his elder brother sued him for fraud and cheating case baring number xxx

 

And even I have the xerox copy of amount deposited in HDFC Rs63 lakhs year2003

 

                  It is submitted that the aforesaid assets held by Mr.XXX represent only a part of his illegal incomes and assets as per the details available. The Much more of the same is still undisclosed and can only become apparent through an enquiry by the present kind authority. Hence it is prayed that the kind authority may enquire in to the matter in the interests of justice and public interest.                                                                                                                                               Mr.V.Singh

                                                                                  

To whom your letter would be addressed, to the Income-Tax Dept., to the Police or to any other authority? What is your complaint, tax evasion, cheating (Sec: 420-IPC), usury or anything else?

its a cheating to us, hence police could not help,, already a cheating case is booked, its already seven years gone booked agains him nothing had happen , rather would cut his his head and come out of jail in his  time ...... our law is so weak..... thought I can go through income tax so, no wonder my income would go out in vain. but he should be thought a lesson.

Dear Sir

The letter would be addressed for  tax evasion, as my uncle has not given my fathers share in business, he any how managed to sell the joint partnership business by changing its name, but the lands and every thing related to site is on my fathers name, and already case is sleeping in district court since seven years,we asked my uncle formally , he says he has nothing left with him any more, but he is buying lands properties atomobiles, investing in new ventures, do not know how to manage I ve planned to be after, this can be addressed to the Income tax department. plz help me out waht can be done, Ive got even the copy of deposited huge amount in banks and many more

Thanks

Surjeetsinghs@gmail.com