Balaji (Self) 23 January 2015

Tep-rti for gold recipts

Hi Sir, Wife filed 498a on me saying 15 lakhs dowry and 150 grams gold given at the time of marriage after that I got regular bail . I have filed TEP and after 3 weeks I filed RTI , in that I asked father in law income tax returns and income related questions only but I didn’t ask gold receipts and bills for 150 grams in RTI Application.

Shall I file RTI again for gold receipts and bills to Income Tax department with TEP Reference. Please advise.　
Shall I ask these questions in RTI "Following information is required:-

1. Please provide either copies or details of (copies or originals of) receipts and bills etc. submitted by Mrs. 498a, with respect to the expenditure claimed to have been incurred by her and her natal family under various heads like jewellery, hosting of ring ceremony / engagement, hosting of wedding, and any other expenditure claim. 　

2. Please provide all details that have been mentioned in the said (copies or originals of) bills and receipts etc.　

Please advise and Thanks for ur time..

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6 Replies

G.L.N. Prasad (Retired employee.) 24 January 2015

Please note that you will never get such third party information from ITO under RTI and it is waste of time and energy.

Please explore all ways only through demanding it through court proceedings as per per the advice of your Advocate

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 25 January 2015

Any information which is in public interest can be obtained through RTI. If a person has assets or incurs expenditures disproportionate to his known sources of income it is in public interest to know that he has disclosed all his income to the income-tax department and duly paid all taxes. But as your father-in-law had alleged that he has given you dowry and you are in the denial mode you cannot ask this question to the income-tax department. But your friend can write to income-tax department claiming that he was doing it in public interest because as a law-abiding person he believes that no person should evade income-tax. There are court judgments reported in this Forum only. If I remember correctly it was reported by Tajobs India who is an LCI member.

Balaji (Self) 25 January 2015

Hi Sir, Thanks for quick advise. He didnt give any gold to her daughter and he written all false allegations in the FIR. I want to teach lesson to him throuth this TEP and RTI. Please advise.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 January 2015

One has to disclose income with source of income in the return form. Expenditures are not asked for in the return form. If one has income from business or profession the taxable income will be Gross income minus business expenditures. Expenditures are asked for under different heads in the expenditure. Gold will not come in that unless the assesse is a jeweler. Even then bills and receipts need not be submitted to the Department. Nowadays with electronic filing of returns absolutely there are no enclosures. Normally the Department may decline. They may not be knowing the judgment mentioned by me. The questions should be suitably worded and why it is in public interest should be explained. You can allege in the court that the person does not have sufficient income and ask him to justify the purchases. You can search for the judgment mentioned by me. I am unable to advise you how to search for it.

Sudhir Kumar, Advocate (Advocate) 26 January 2015

mere fact that he does not have receipts or he has not purchased the gold does not mean that no gold was gifted.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 January 2015

Balaji,

Why would Income Tax Department be interested in the Gold Receipts and why would anybody deposit it with Income Tax Department.

If the Gold has to be used; it needs to be ascertained whether the police has included any bills in the chargesheet. If so, then you can filed a TEP (if the case is made out) with the Sales Tax/ VAT department against the maker of the Gold Jewellary.

Regards,

Shonee Kapoor

www.sahodar.in