Sample - Tax Evasion Petition: Mynation Knowledgebase

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Sample - TAX EVASION PETITION

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Date:

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To,
Chief Commissioner Of Income Tax
AaykarBhawan,5, AshokaMarg,

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DISTRICT – STATE – PIN CODE

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Subject: Tax Evasion Complaintfor investigation into source of income and tax liabilities
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of Sri. ____________________and Smt____________________
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Honorable Sir/ Madam,


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This is a Tax Evasion complaint against Sri____________________S/o SriLayak Singh and


Smt____________________ w/o ____________________ Both R/o Vijay Nagar Colony,
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Behind XXXXX Temple, Gulab Nagar, State


I, 498A Kumar, S/o_______________ R/o ____________________________wish to bring to
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your kind notice the following points:


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Background:
I got married to Ms____________________ D/o Sri. ____________________R/o
__________________________________ on ____ according to Hindu Rites in presence of
caste elders. Sri____________________and Smt ____________________ have framed a false
dowry complaint under section 498A/323 of IPC and under section ¾ Dowry prohibitionact
against me and my relatives in Police Station ______ under FIR No: ____dated
___________(Copy attached as Annexure A).It has been claimed by
Sri____________________in his own admission that Shri____________________&his wife
Smt____________________have spent over Rs 8,00,000(8 lacs) in the marriage ceremony of
their younger daughter Ms ____________________and other articles in Feb, 2012 (in financial
year 2011-2012)

Sri____________________&Smt____________________ also married theirelder daughter Ms


________somewhere in year 2007, where it is presumed that they must have spent an
equivalent amount in her wedding. It means they spend more than 16,00,000 (16 Lacks)
Rupees. It becomes my duty as a patriot and citizen of India to ask the authorities to verify the
source of income and tax returns filed by Shri____________________ and Smt
____________________.

HELPLINE NUMBERS +91-9972718212


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Interestingly Sri ____________________&Smt ____________________ married their daughter

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even if we assume that same amount of money was spend in her marriage as alleged in the
FIR. It needs to be verified how come Shri ____________________ and Smt

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____________________ amassed such an astonishing wealth for both these marriages.

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Beyond the same Sri____________________ and Smt ____________________ are the lawful

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owner of a house where theyare residing (address mentioned above) in Badaun and it is
common knowledge that they owns few other Benami properties in their names.

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It is submitted that Shri____________________ is a resident of Badaun and isworking as a
salesman with a tractor agency in Badaun whereas Smt ________ is a Housewife, where from
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they bought such huge sum of money for said dowry and have carried other liabilities of family
besides these marriage expenditure, is a matter of investigation which your esteemed
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department has the jurisdiction to investigate.


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Please investigate as to whether Sri____________________ andSmt____________________


(housewife though) has ever shown such a huge amount as his / her income and paid taxes on
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the same (this income does not include only amount allegedly spend on dowry items but also
amount spend on other liabilities of his family and invested / spend on the properties owned by
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him) and if they had purchased the items of dowry from shops / showrooms after paying proper
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taxes for their purchase.


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Ground for complaint:


As SriFIL KUMAR (as claimed by him in FIR dated 21 Feb 201X)had spent Rs8,00,000 (Rs
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8lacs) in financial Year 2011-2012 so his income tax return and source of fund of Rs8,00,000
(Rs 8 lacs) may be verified and tax should be collected as per provision of Income Tax.

Further careful perusal of the FIR & Attached his Complain letter of
Shri____________________hints provision of section 68,69,69A, 69B, 69C & 69D under
Income Tax Act of 1961 are applicable on Sri____________________ and
Smt____________________ as far as in my knowledge. However there may be many other
provisions of income tax which is best known to Honorable Income tax authority.

The section 68 deals with cash credits proving identity of the creditor, capacity of the creditor,
genuineness of the transaction are the important things of this section.

Section 69 & 69A, 69B deals with unexplained investment, unexplained money & investment
not fully disclosed in books of accounts.
The Section 69C deals with the unexplained expenditure, the important requirement of this
section is that an expenditure has been found to have been incurred by an assessee in any
financial year and the assesses fails to indicate satisfactory source of such expenditure.

Request & Relief sought:


Sri____________________and Smt ____________________income and source of fund should
be verified for expenditure of Rs8,00,000 (8 lacs) in financial year 2011-2012 to recover the tax

HELPLINE NUMBERS +91-9972718212


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and start proceedings against Shri____________________ and Smt

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____________________as per provision of Income Tax. The authority is under bounden duty to
investigate the said information since it relates and its refusal may prejudice the appellant upon

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which an FIR has been registered.

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Since criminal jurisprudence, it is clear that innocent person should not be convicted and a

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person is presumed innocent unless found guilty/convicted.

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I request you to kindly take cognizance of my complaint and honor the aforesaid

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Judgment (copy placed as Annexure-B) to verify their expenditure and initiate action
against Sri ____________________and Smt.____________________for tax evasion if any.
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Honorable Justice S. N. Dhingra has also given voice to my feelings in his Judgment of “Neera
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Singh Vs. The State (State Govt. of NCT of Delhi) & Others – CRL.M.C.7262/ 2006 –
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23.02.2007”Copy attached as Annexure-B)as below:


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“Now-a-days, exorbitant claims are made about the amount spent on marriage and other
ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees
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on dowry without disclosing the source of income and how funds flowed. I consider time has
come that courts should insist upon disclosing source of such funds and verification of income
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from tax returns”


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It is therefore requested that necessary Investigations may kindly be made against


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Sri____________________, Smt. ____________________in the interest of justice and


requirements of law.
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Sri____________________ and Smt____________________provides the details of money


being spend as gift received from the relatives, friends etc, the flow of money should also be
verified as there is every apprehension that he may provide false Information and cheat the Tax
Authorities.

As per Income tax rules, the source of Sri____________________and


Smt____________________income must be checked and recovery should be made from him
against the expenditures he has made in the marriages of his daughters. I may be given the due
prize money as per income tax guidelines for revealing this to the authorities.

There is also an apprehension that Sri____________________and


Smt____________________ may provide false Information to Tax Authorities. So, I would also
like to request that the name of investigating officer be provided to me who will be looking at this
matter, as there is every apprehension that the information provided to me will be misleading
due to political pressure and beauraucratic contacts of Sri____________________ and
Smt.____________________.I may be given the due prize money as per income tax
guidelines for revealing this to the authorities.

HELPLINE NUMBERS +91-9972718212


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I humbly request you to kindly take cognizance of my complaint and honor the aforesaid

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Judgment (Enclosed as Annexure-B)to verify his expenditure and initiate action against Sri.
____________________ and Smt____________________ for tax evasion if any.

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Kindly expedite your investigation and keep me posted with details of investigation report.

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Thanking You,

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Yours Truly,

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Ho
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(Write your name)

Enclosures:
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1. Copy of the FIR disclosing expenditure of Rs.XX,00,000 (8 lacs) in marriage.


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2. Judgement of the Honorable High Court of Delhi in the case of “Neera Singh Vs. The
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State (Govt Of Nct of Delhi)” dated 23 February 2007ordered by Honorable Justice S.


N. Dhingra
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HELPLINE NUMBERS +91-9972718212


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