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Effects of Tax Evasion Petition 
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi All,

As I had repeatedly suggested, that one should resort to filing a Tax Evasion Petition against the in-laws. I have successfully done it with good results. Here is a brief about it.

I filed a petition in June 2008. - No results

I filed another petition in August 2008, with a rider that I would be constrained to file an RTI. I got a reply on 3rd September asking me to deposit Rs. 100/- towards the copies of the investigation and registry charges.

I then checked with me sources in the family of my out-laws. And here is the version I got.

First Reaction of my Father-out-law to Income Tax Officer: Humne to mandir mein shaadi ki thi, jhoot bolta hai ki humne dahej diya. Changed immediately to, mere bete ne paise lagaaye the shaadi mein. Changed in the date at Income Tax Office, "Rishtedaaro ne gifts diye the." And the Income Tax Department has her sworn affidavit attached with my complaint, which clearly states that she is fully dependent on her father's meagre pension and she does not have the help of any other family member. I don't have knowledge on what more transpired at Income Tax office, for which I am waiting for the response from Income Tax.

Reaction of my Brother-out-law on this: B&*%tard (No one had seen him so angry ever), Maine aapko bola tha usko jyada mat chedo. Meri naukri bhi khaayega. Mera naam "BILKUL" mat lena ki maine paise lagaye the shaadi mein.

Question of my lovely 498a wife: Jail to nahi jaana padega inko? Ab kya kare? Yahan to 5 lakh rupaye dene padenge? Agar yahan kah de ki kuch nahi diya to kya usko pata chal jaayega? Kya wo yaha ke paper apne case mein use kar sakta hai?

Other Relatives: Hamara naam mat lena.

The house descended in gloom and they did not cook the meal till 11PM that day.

The Income Tax Department has issued notice to him and given him 4 weeks to file a reply. I don't know when the notice was issued but I know for sure that he has hired a good (read expensive) Income Tax Lawyer, who has categorically told him that my father-out-law would have to pay penalty and he can only try to minimize the damage.

Other effects of the same:

A> I saw my father-out-law yesterday in court. Sitting alone on the bench. He had lost a lot of weight and was visibly shaken. Was not able to make eye-contact with me. I see this in clear contrast of 25 people on their side Vs 2 of us defending ourselves in Police Station. And yesterday the person (my respected uncle) who had accomapnied me in Police Station was still with me but his family had deserted him.

B> I don't take it as a conclusive victory but a butteresed compliment that her lawyer met me with lot of respect and mentioned, "mujhe tera vakeel hona chahiye tha, tu bahut mehnat karta hai". And also, "Bahut tez hai bhai. Mein to inko kah raha hoon ab bhi samjhauta kar lo"

What my lovely 498a wife has got till now in last eight months:

> False ego boost by seeing me in custody for 4 days.
> False claims which could not enable them to get household items/ jewellary/ money from me, but became judicial proof that they laid false claim on my property.
> Zero Maintenance amount till now, she might get some on next date i.e. 22nd of this month only.
> Possibility (Surity for me) that many other cases are coming her way/ her family's way. One of them would surely be for lying on sworn affidavit.
> Loss of family friends and near complete social boycott.

Amidst all of this, the only factor which still bothers me is that I still don't get to meet my child despite repeated trials and applications. The day I would meet him, I would surely say once again.

MOGAMBO KHUSH HUA!!!!

Regards,

Shonee Kapoor

PS: This post is to bolster the spirits of the people in similar situation as me. I still don't want to instigate anyone in filing false petitions. Truth alone should suffice. And she levelled allegations on you is an accepted truth.

PS1: FM was playing this song right now, which I found hilarious while writing this mail;
Jhoot bole kauva kaate, kaale kauve se dariyo.
Tu maayke chali jaayegi mein duja byah rachaunga,
mein dooja byah rachaunga, Mein teri Sautan launga tum dekhti rahiyo.


PPS: I have done this activity in complete legal way, without paying anyone a single penny. I advise all of you to shun giving money in courts/ police/ other agencies to meet the desired objectives. Your application should carry enough weight for you to succeed.


Fri Sep 19, 2008 5:41 am
Profile YIM

Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
Shoone!,
Well done ;Keep us all posted of devolpments;I would be particularly eager to see you filing a custody case for your son and results thereof.


Fri Sep 19, 2008 8:05 am
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Joined: Mon Jul 07, 2008 9:43 pm
Posts: 363
Shonee
I have sent TEP to 3 different addresses 2 in HYD and 1 in Delhi on aug 15th but so far i didnt get any reply, is this the time now to file RTI. please let me know.
thanks


Thu Sep 25, 2008 3:39 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
I would suggest that you wait for 30 days mandatory period + 5-6 days for postal delays before sending a reminder and then filing an RTI


Fri Sep 26, 2008 4:51 am
Profile YIM

Joined: Sun Jun 29, 2008 4:00 am
Posts: 568
Quote:
Possibility (Surity for me) that many other cases are coming her way/ her family's way. One of them would surely be for lying on sworn affidavit.


Hi Shonee,

In the FIR and the Divorce petition, my not so intelligent 498a wife has made a claim of me and my dad coming to her house in a drunken state and assaulting her and her father.

She has also sworn that statements provided by her are true and correct.

Now I have the e-mail records that I was at office, the date and time would verify.

My dad's office has offered to provide attendance records which shows that he was working that day.

Isnt that lying on a sworn written statement ?

She also accepted during counselling that I don't drink.

_________________
Read the Surivival Kit - http://ipc498a.wordpress.com/2007/07/01 ... vival-kit/


Mon Sep 29, 2008 3:29 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Strictly speaking, it is lying on affifavit. But courts won't take suo-motto cognizance of the same. Your counsel would have to start an exercise unde CrPC section 340. And after that too it is for the judge to take cognizance of the fact.

Regards,
Shonee


Mon Sep 29, 2008 6:13 am
Profile YIM

Joined: Fri May 02, 2008 12:03 pm
Posts: 28
Hi Shonee,

TEP has also come handy to us.

Those who claimed 7 lacs as expenses in marriage & purchased new car soon there after.

When ITO visited they told they have not filed return in last 3 years.

This is surely a way to counter.

By chance SHO who is IO met in park & told that it is difficult to defend false FIR & want us to get quick cancellation of FIR.

Uske muh men Gud Shakar Gheo Paa Kay.

Regards,

H Singh


Last edited by harkanwal on Mon Nov 17, 2008 9:34 am, edited 1 time in total.



Mon Sep 29, 2008 1:24 pm
Profile YIM

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Another vote for filing TEP. Thanks Harkanwal for morale booster,

Hey guys, surely but steadly we should take the fight to their house-hold. Let the collatoral damage be maximum there.

Regards,
Shonee Kapoor


Mon Sep 29, 2008 1:55 pm
Profile YIM

Joined: Sat May 06, 2006 12:42 pm
Posts: 684
Location: Bangalore/USA/Europe
All this is useful information.
The battle is certainly joined by the victims at a techincally higher level. All thanks to the helpful members of this forum.
One hopes that gone are the days when the victims of false 498A allegations worried needlessly.


Mon Sep 29, 2008 4:24 pm
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Joined: Sat Aug 02, 2008 7:45 pm
Posts: 19
Hi all,
In my case just recently on cross examination of FIL, he says he had 4 lakh at his house which he gave me during my marriage. All in all he gave something around 8-9 lakhs at different occasions. When asked by my lawyer to him..."whether he had disclosed the said 4 lakh present at his house to the incometax?" he replied, he need not to and quotes some xyz act which i cud not follow. By the way my FIL is a RBI central govt employee. Is it true they are exempted or allowed to keep such cash and not inform incometax? He has salary something around 30K or more. NOW WAT CAN BE DONE? Moreover his another (elder)Son-in-law is working in incometax dept but he is a wagging tail of my FIL and his wife. Actually he is foolish and biwi ka ghulam even though a case of early 498a was booked on his parents. But withdrawn later. i fear if i file a TEP this SIL will save his(my) FIL someway or other. Pls advise..


Mon Sep 29, 2008 9:50 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi Hemant,

I can keep as much cash as I want in my house, provided that cash is accounted for and can be corraborated by my known source of income. No act stops me that.

What I understand from unconfirmed sources that if I want to gift my sister/ daughter any amount over rs. 25,000/- I have to do it by way of Cheque and declare the same in my ITR.

Thus any amount in excess of Rs. 25,000/- given as gift can not be claimed to be gifted if the same is not declared in the Income Tax returns of the concerned person. Thus any amount in excess of Rs. 25,000/- and not declared in the Income Tax returns of that year (when the marriage was solemnized) is not admissible in court. I am sorry, I have not studied the Income Tax Act, hence, you would have to bear with me and contact some Income Tax Lawyer or find on your own as to under which section and sub-section this falls.

Hence, the way out is to file a TEP. The Income Tax department would definately know which section/ sub-section it falls under and would ask appropriate questions.

Regards,

Shonee Kapoor


Tue Sep 30, 2008 7:28 am
Profile YIM

Joined: Tue Jun 03, 2008 10:10 pm
Posts: 229
Can someone please write more details about 340CRPC


Thu Oct 02, 2008 10:28 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
hi SCMP,

CrPC 340 is an application to the magistrate for him to take cognizance on the fact that someone has lied on affidavit, given false evidence.

It is very simple, if she has lied on affidavit. Given false evidence which can be countered by some material evidence, your lawyer can draft the application and move the application in the same court.

Regards,
Shonee


Fri Oct 03, 2008 12:18 pm
Profile YIM

Joined: Wed Jul 23, 2008 11:52 pm
Posts: 92
Shoneek,
Could you paste the draft (obviously - no names ) of the Cr.P.C 340 on this msg board so we can use it as a template. It helps cos the lawyers will demand less knowing that this guy is preparing the draft himself and is adept at atleast some procedures.

Thanks,
Krishna.


Thu Oct 09, 2008 10:09 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi Krishna,

I have no draft for the same as of now. But it is easy, like any application. It can be

IN THE COURT OF ------

ABC Vs XYZ

SUBJECT: APPLICATION FOR TAKING COGNIZANCE UNDER SECTION CrPC 340

Most Respectfully showeth:

1. ABC has started the case under section ___ for which the undersigned XYZ is the respondent, and the same is pending in this Hon'ble Court today for adjudication/ arguments.

2. ABC has levelled charges on the applicant/ respondent XYZ, which are false and fabricated.

3. While leading evidence ABC on ___ date produced the following which are false, the same can be proved by annexure A/ Exhibit A of the defence Evidence.

4. While leading evidence ABC on ____ date claimed the follwoing which is fabricated, the same can be proved by Annexure B/ Exhibit B of the defence Evidence.

And so on

9> Based on the above exhibits, the applicant ABC has attracted the following provisions of IPC

1. 192-197 etc.

Prayer:

1. Based on the above evidence, it is prayed that this Hon'ble Court may take cognizance under CrPC 340 and start proceedings unde 19x against ABC to meet the ends of justice.

Applicant

Through Counsel

Verification:

Affidavit:

Regards,

Shonee Kapoor


Fri Oct 10, 2008 5:45 am
Profile YIM

Joined: Mon Jul 07, 2008 9:43 pm
Posts: 363
Shonee
when i sent my 1st application i didnt send any money to IT as application fees, now am sending a followup application, how much money i need to send them and how, i mean is it through DD/Cash/MO.? what is that IPO NO Value 10/- you mentioned in your application.


Thu Oct 16, 2008 4:45 pm
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Joined: Wed Jul 23, 2008 11:52 pm
Posts: 92
go to state bank of hyderabad or state bank of india and pay 10 rs --ask them for an IT challan form and submit it. after you pay -- enclose or staple the receipt along with your tax evasion document.


Fri Oct 17, 2008 3:32 am
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Joined: Wed Jul 23, 2008 11:52 pm
Posts: 92
One more thing I found wsa when you go and talk to joint commissioner or if anybody refuses to entertain your application and say that you have to strike this and that out-DONT Strike out anything- ask them to just reply that they donot have the necessary info or give it in writing. Whatever it is you have the right ti info and that is that. Ask him to sign and strike it out and put his signature. Get even Guys ! Good luck and god bless.


Sun Oct 19, 2008 5:44 am
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Joined: Fri May 02, 2008 12:03 pm
Posts: 28
Dears,

We have been successful in using TEP.

Story can be read at http://www.498a.org/forum/viewtopic.php?f=1&t=3321&p=11435#p11435.

Please read Sec 69C of Income Tax to understand how.

http://www.vakilno1.com/bareacts/incometaxact/s69c.htm

Kind Regards,

Harkanwal Singh


Last edited by harkanwal on Wed Oct 22, 2008 10:20 am, edited 1 time in total.



Tue Oct 21, 2008 1:09 pm
Profile YIM

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi Harkanwal,

What were the steps taken by you for TEP and what were the effects, please post an elaborate mail for the benefit of the group. Please restrict it to the use of TEP in the interest of the topic.

And secondly, how did you use section 340 before the case entering the court? What was the result of the same?

Regards,

Shonee Kapoor


Wed Oct 22, 2008 4:11 am
Profile YIM

Joined: Thu Dec 06, 2012 12:34 am
Posts: 20
Guys,
In the FIR my wife has alleged that they gave 25 lacs dowry and marriage expense was 12 lacs and sreedhan worth 25 lacs in the form of gold.
My wifes uncle and aunt are Income tax commisioners can they help them if i file TEP ?
let me know i want to start filing TEP.
Thanks


Mon Jan 27, 2014 2:50 am
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