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498a Discussion Forum - View topic - TEP Outcome: FIL Asked to Pay up Finally
It is currently Thu Jun 24, 2021 12:47 pm



Reply to topic  [ 64 posts ] 
TEP Outcome: FIL Asked to Pay up Finally 
Author Message

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
It gives me immense pleasure to inform my fellow fighters that My Father-out-law has been asked to pay Rs. 2,21,350/- (Rupees Two Lakhs Twenty One Thousand Three Hundred and Fifty only) as Income Tax for supposedly concealed income and penalty proceedings u/s 271(1)(c) of Income Tax Act, 1961 have also been initiated against him.

Did you hear me say - MOGAMBO KHUSH HUA

Regards,

Shonee Kapoor

PS: It can be done. Don't give up.

PPS: Thanks to all for all the wishes and suggestions.


Tue Feb 22, 2011 4:34 pm
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Joined: Mon Apr 12, 2010 1:04 pm
Posts: 172
Congratulations Shonee Sir,


Tue Feb 22, 2011 4:37 pm
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Joined: Mon Feb 01, 2010 11:06 pm
Posts: 58
Heartiest Congratulations Shoneek!


Tue Feb 22, 2011 6:33 pm
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Joined: Sat Nov 06, 2010 12:14 am
Posts: 38
Congrats Shonee ji. Aapki mehnat rang laayi.


Tue Feb 22, 2011 10:58 pm
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Joined: Fri Jun 25, 2010 8:24 am
Posts: 65
great job Shonee Bhaiya ....

mera TEP abb tak khula nehi ....< only 2 months old >


Wed Feb 23, 2011 6:26 pm
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Joined: Sun Oct 17, 2010 5:06 pm
Posts: 430
Hurrrrrrrrrrrrrrrrrrrrrrray


Sat Feb 26, 2011 11:15 am
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Joined: Fri Jun 25, 2010 8:24 am
Posts: 65
what was the total duration it has taken ?


Sat Feb 26, 2011 4:19 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Two Years Four Months Seven Days.

From filing of TEP to decision of Income Tax.


Mon Feb 28, 2011 5:48 am
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Joined: Sun Jun 29, 2008 4:00 am
Posts: 568
Sir jee, how much did you invest in making your highly esteemed and intelligent FIL cough up the fine amount?


Wed Mar 02, 2011 9:11 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Ron,

The expenses on my part are surprisingly low

Fee:-
Rs. 10/- RTI fee.
Rs. 100/- RTI fee for 20 pages of information plus postal charges.

Postal and Printing Expenses:
Rs. 200/- - Rs. 300/- Postage for other letters and complaints
Rs. 50/- - Rs. 100/- Printing and Photocopying charges

Other Expenses: NIL (visited Income Tax Office in their city when I went to attend my court dates)

Expected Reward: 20% of the Income Tax amount.

Regards,

Shonee Kapoor


Thu Mar 03, 2011 5:42 am
Profile YIM

Joined: Sun Oct 17, 2010 5:06 pm
Posts: 430
Sir
do u have to personally present or face cross examinations?
Also did ur fol had to attend court or face cross examination?
What was the actual defaul and what is the actual penelty expected?if u can share.
Regards


Thu Mar 03, 2011 9:54 am
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Joined: Sun Jun 29, 2008 4:00 am
Posts: 568
Sirjee,

I showed the IBN article to my folks. A boost in confidence in them to see your hardwork has paid off as success.

May you have many more victories.


Sat Mar 05, 2011 2:30 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Hi Ron.

could u send me the link, if its available.

I don't watch TV, and hence, did not see it for myself. I am told that the story ran for 8 bulletins.

Though, the day it was recorded, there was some big news and hence it was postponed and I could not keep a track of it.

Regards,

Shonee Kapoor


Sat Mar 05, 2011 5:59 am
Profile YIM

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
yup got the link

http://khabar.ibnlive.in.com/news/49257/1


Sat Mar 05, 2011 6:27 am
Profile YIM

Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
Shonee,
You look quiet the same as many years back;you must share with the forum your curriculum and diet so that all members who are depressed or much worried can use your formula and stay fit and right for their work


Sat Mar 05, 2011 6:33 am
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Joined: Sun Oct 17, 2010 5:06 pm
Posts: 430
Its really a good news sir,
waise,looking smart............
Congrats


Sat Mar 05, 2011 6:36 am
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Joined: Wed Nov 10, 2010 10:17 am
Posts: 56
Congrats Shonee Brother :)

May God give you more successes in future...it is just a start...Harder + Smarter work always pays

I am really happy for you !!!!!


Sat Mar 05, 2011 6:59 am
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Joined: Tue May 11, 2010 8:36 am
Posts: 163
Wow, your persistence paid. Congratulations. Truth prevails.


Sat Mar 05, 2011 12:31 pm
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Joined: Sun Jun 29, 2008 4:00 am
Posts: 568


Sat Mar 05, 2011 2:08 pm
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Joined: Wed Apr 02, 2008 5:57 pm
Posts: 56
Congrats Shonee!

You are a precious beacon and pathfinder!

May God bless you with all the happiness you deserve...


Sun Mar 06, 2011 10:45 am
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Joined: Fri Jan 22, 2010 3:50 pm
Posts: 351
I want to file RTI asking status of TEP. Can someone please let me know? Could not find in the forum.

Thanks


Wed Mar 09, 2011 7:07 am
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Joined: Fri Jan 22, 2010 3:50 pm
Posts: 351
Shall I use the RTI specified under link:

viewtopic.php?f=59&t=5396

Thanks


Thu Mar 10, 2011 4:43 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Please find enclosed another news link

http://www.punjabkesari.com/E-Paper/HR/sp4.pdf

Don't use that RTI, I have a better one.


Thu Mar 10, 2011 6:29 am
Profile YIM

Joined: Tue Oct 21, 2008 2:16 pm
Posts: 276
Heartiest Congratulations Shonee...

It gives us inspiration to fight back for our own good. I am going to re-start my efforts!

Thanks :)


Thu Mar 10, 2011 7:09 am
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Joined: Sun Oct 17, 2010 5:06 pm
Posts: 430
Shoneeji
that
means
additional
700000inr
may
have
to
be
paid
by
ur
FIL


Thu Mar 10, 2011 10:12 am
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Joined: Sun Jan 25, 2009 3:55 pm
Posts: 204
SHONEE K
HEARTIEST CONGRATULATIONS ON THIS ACHIEVEMENT
PAUL


Thu Mar 10, 2011 11:46 am
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Joined: Wed Jul 21, 2010 5:59 pm
Posts: 51
Dear shonee,
Congratulations for your victory. you are master blaster of our 498a.org team. we are learning from you. God bless you.


Thu Mar 10, 2011 3:56 pm
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Joined: Fri Jan 22, 2010 3:50 pm
Posts: 351
This is victory of all the 498A victims. Can we put the news in http://www.saveindianfamily.org and various 498A related sites? Whom to contact??


Thu Mar 10, 2011 4:32 pm
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Joined: Thu Mar 03, 2011 3:51 pm
Posts: 23
May be I am writing a bit late on it. This happened almost a month ago. But I have doubt here.

Shonee now that your FIL will have to pay a penalty, does it also not prove that he actually had a significant income? In other words, does it also not prove that he was capable of paying dowry?


Wed Mar 23, 2011 5:01 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
By what stretch of imagination that can be proved, Ravi


Thu Mar 24, 2011 5:01 am
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Joined: Wed Jan 05, 2011 10:30 am
Posts: 66
Great going brother


Thu Mar 24, 2011 9:48 am
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Joined: Wed Sep 08, 2010 9:27 pm
Posts: 92
Shoneek:

I want to know the exact procedure Income Tax Department will follow when TEP is registered in their office. Do they call outlaws to court or office? Will there be a argument/ trial/evidance?
Intrested to know opposite party move when TEP is fired sucessfully.
It will be gr8 if you can answer in 4-5 points eductating us, the giving overall picture after TEP filed sucessfully.

Thought you were the best person to answer to my question.

Veer_d


Wed Apr 27, 2011 10:53 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Steps to be followed by you or department????


Thu Apr 28, 2011 5:36 am
Profile YIM

Joined: Wed Sep 08, 2010 9:27 pm
Posts: 92
Shoneek:

I am requesting you to give a picture of "Investigation procedure usually followed by Income Tax". Also what departmental procedure/rules income tax authorities have (must) to follow when they start investigating evation petitions.

Regards,
veer_d


Thu Apr 28, 2011 2:25 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
hmmm

Steps:

1. Tax Evasion Complaint is recieved by ITO
2. ITO makes an assessment, whether any case is made out, for this evidence can be taken from the complainant.
3. An opportunity is provided to the evader to explain the evasion (under oath and otherwise)
4. ITO issues notice to the evader under 133/ 133A(5) if he is an assessee, under 148 if he is not an assessee.
4a. In case, the evader is not an assessee, orders him to file IT Returns. (Minimum 9 months given to file return)
5. The said returns are audited and tax liability is fixed. (Few provisions of IT Act are followed here, which I am not very sure of)
6. If there is an evasion, recovery notice is issued.
7. Penality proceedings are initiated under 271(1)(c).

Regards,

Shonee Kapoor


Fri Apr 29, 2011 6:10 am
Profile YIM

Joined: Wed Sep 08, 2010 9:27 pm
Posts: 92
Shoneek:

Perfect, this is what i was looking for. Hats off to you and gr8 knowledge that you gained. Your knowledge and support to this group is unbelievingly amazing and you are the real un-sung hero who made us to win. I am successful in filing TEP against my out laws!!!

Good that Indian wifes don't have rights to ask for the knowledge to be given as relief in any cases!
May be feminists may add in future amendments to women laws, that all knowledge gained or obtained by the husband after marriage needs to be either given back to wife or their out laws, as she was mentally tortured in matrimonial home!

May be in next amendments, wives legally may ask for educational qualification of husbands/husbands entire family to be surrendered to the court as relief to wife!

Then i would say our India is gr8.........God bless biased laws and corrupt system. Hope global warning hits these biased laws like Tsunami, Tornado and clean up the cancer attached to our system.

Veer_d


Fri Apr 29, 2011 5:17 pm
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Joined: Tue Oct 05, 2010 6:48 pm
Posts: 77
Shoneek ji

thanx for guiding us,

I just want to inform everyone that, my TEP had started working, INCOME tax officer had started investigation against my father-out-law income and send notice.

sir, please guide me further what to do next...

thanx


Sun Jun 26, 2011 6:55 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
keep following up by asking for ATR (Action Taken Report)


Mon Jun 27, 2011 5:34 am
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Joined: Fri Mar 04, 2011 10:50 am
Posts: 158
Location: Thane
Mogambo happy or not, Shoneeji, am very happy with your hard work and application of mind, plus your nature to spare time and effort for advice to others as and when possible, with both good heart and mind. Kudos to you Shoneeji for inspiring others to fight and fight rightly - [Satish]


Mon Jun 27, 2011 12:36 pm
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Joined: Tue Oct 05, 2010 6:48 pm
Posts: 77
sir,

i had filed RTI on my TEP on 17/05/2011.
today I had recivied a letter from CPIO, dtd 2/06/2011.
CPIO had wrote a letter to income tax officer RAnge-3.

" 1. please find enclosed herewith the application received from shri avadhesh kumar yadev under rti act in the case of shri XYZ (my FIL) TEP of whom was transferred to you vide this office letter F.N.CIT/Vns/HQ-I/TEP/2010-11 dated 22.03.2011.
2. since the jurisdiction over the case lies with with you hence appliction alongwith PO is forwarded to you for information and immediate necessary action."

copy to :- 1. Jt Commissioner of IT RAnge-III, Varanasi
2. Mr. ABC ( MY name with Add.) -for information with the request that in future, correspondance if any be made with ITO-3(3)

MY Question :-

1. Should i file 1 appeal?
2. OR wait as they had already strated Action against my F-O-L
3. For1 appeal which dated to be taken ? 17/05 or 02/06 ??


Tue Jun 28, 2011 5:31 am
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Joined: Fri Mar 04, 2011 10:50 am
Posts: 158
Location: Thane
"we meditate on the glory of that being who has produced this universe; may he enlighten our minds."
[translation of gayatri mantra by swami vivekananda]


Tue Jun 28, 2011 2:47 pm
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Joined: Sun Oct 17, 2010 5:06 pm
Posts: 430
Avdesh ji is our commando who is winning in some cases like tep,congrats to him


Wed Jun 29, 2011 2:53 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Patience... let him reply


Wed Jun 29, 2011 6:06 am
Profile YIM

Joined: Fri Mar 04, 2011 10:50 am
Posts: 158
Location: Thane
It is rightly said. Patience is the companion of wisdom, the greatest of all virtues.


Thu Jun 30, 2011 3:32 pm
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Joined: Tue Apr 13, 2010 9:11 pm
Posts: 20
Shonee Sir,, My apologies.. But was the concerned FIL a businessman or a Govt. of India Mulazim :) ??

I am getting ready to file a TEP against my working wife, businessman FIL ..
My businessman FIL is a subsidiary kind of arrangement with his two brothers.


Tue Nov 29, 2011 5:23 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Mine was a MULAZIM now a MUJRIM :P

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Tue Nov 29, 2011 6:02 am
Profile YIM

Joined: Tue Oct 05, 2010 6:48 pm
Posts: 77
UPdate of my TEP.

Today I had received a letter from Income-tax-office, say that case against my F-O-L ( FIL) had being reopened U/s 147 of income tax act 1961.


Tue Dec 06, 2011 4:11 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Congratulations


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Tue Dec 06, 2011 4:27 am
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Joined: Tue Oct 05, 2010 6:48 pm
Posts: 77


Tue Dec 06, 2011 3:19 pm
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Joined: Wed Sep 08, 2010 9:27 pm
Posts: 92
Shonee Bhai:

I received a letter last week from Income Tax department that case information is repoened by issuing a notice u/s 148 of I.T. Act1961 and the case is taken for scrutiny by issuing a notice u/s 143(2) of I.T Act 1961.

In yadav case officer issued notice u/s 147.

Questions:

1) Once records (statements) are done u/s 148 will officer move to 147 or 139?
2) Do you think that officer will drag my case for a long time to make me frustrated and give up before he starts recovering any un accessed tax money?

Thank you bro.


Wed Dec 07, 2011 12:58 am
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Joined: Tue Mar 18, 2008 1:44 pm
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Location: Delhi (India)
There is a time limit after issue u/s 148 is issued.

I don't remember the complete sections, always took help of the bare act, you also do the same.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Wed Dec 07, 2011 4:59 am
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Thu Dec 08, 2011 8:17 am
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Joined: Tue Mar 18, 2008 1:44 pm
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Location: Delhi (India)
get it from me by writing to me.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Thu Dec 08, 2011 5:57 pm
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Joined: Sun Oct 17, 2010 5:06 pm
Posts: 430
Dear all


Last edited by arghya6398 on Tue Oct 29, 2013 1:30 pm, edited 1 time in total.



Wed Dec 14, 2011 4:05 am
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Joined: Sun Apr 03, 2011 4:53 pm
Posts: 66
I have a question regarding TAX.

I took loan of 47lakhs for constructing house and loan is on both of our name (me and wife) from the beginning(2007) I have been paying the EMI from my salary(my bank account)...can my wife claim Interest paid on this house loan as loss on house property and get income tax exemption ?

during 2007/2008 My wife used interest paid amount as loss from house property and got huge tax exemption while I was in USA.

regards,


Wed Jan 04, 2012 6:43 am
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Joined: Thu Nov 03, 2011 5:57 pm
Posts: 11
No.... in all probability!!
To claim interest deduction, the amount should have been paid by the assessee (which doesn't appear to be in your case). By the way, I understand that the loan was taken in joint name, but was she also the joint owner of property (its possible to be co-borrower while may not be the joint owner...)?
If she is not the joint owner, it could be proved fraud/tax evasion by her, for sure.
Even if she is the joint owner and not paid the interest amount, she may not be getting the benefit. you may take appropriate steps, tax officials will certainly go after her.


Wed Jan 04, 2012 3:08 pm
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Joined: Sun Apr 03, 2011 4:53 pm
Posts: 66
Hi All,

When we file TEP do we have to give specific details to IT department about FIL expenses?
in my case my wife mentioned below statements in the 498a/dv case summary.
1) gave 4 tolas of gold to me
2) gave 2 lks through cheques details also given in the case including dates.
3) they mentioned reception of the marriage took place in expensive function hall and their share of expenditure is 50% for the function hall.
few more other details given ...so can I file TEP asking them to show the details of the expenditure and source of income?
my proof would be 498a/dvc case summary to show IT officers that my FIL is claiming these expenses...is it sufficient?

please suggest ...

regards,


Mon Jan 09, 2012 7:20 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Yes details need to be provided.

For any help,feel free to contact me.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Mon Jan 09, 2012 7:22 pm
Profile YIM

Joined: Sun Apr 03, 2011 4:53 pm
Posts: 66
Dear Shony Ji,

congratulations on your winnings, I will be in touch with personally for more information on TEP.

Dear DVAnxious,

You gave me a ray of hope to nail down my wife

here are the facts, our howuse property is on both of us name (I included her with Love and affection).
Loan taken on both of us name in jan 2007 and since then I am paying the EMI from my salary every month. my wife started getting tax exemption from 2007 till 2009 even though she is not paying EMI from her salary.
the other side my wife used to transfer part of her salary on and off to my other bank account which has no connection to EMI and this funds transfer is not for the EMI but for the sake of house maintenance.

so as per you she can be booked under TEP and that is the good news for me.
please let em know based on the above facts I can still book her under IT section?

Regards,


Mon Jan 09, 2012 8:24 pm
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Joined: Thu Nov 03, 2011 5:57 pm
Posts: 11
Dear Potentialvictim498A

Things are not so clear in the IT Act. It rather evolves with the time thru notifications/case-laws.

In my view, AO will definitely issue notice to her to explain the things. And, as you said, due to some random transactions between you & your wife's a/c, the nexus of interest may not be proved, nor the relationship of lender-borrower between you & your wife may get established. Its certainly going to be tough. In case the interest amt > 1.5lacs pa, the intention of tax evasion cud be apparent. But pls check with some CA with exact facts.

And, make sure (all other) things are in order at your side, or at least she must not be aware of such disorders (jinke ghar shishe ke bane hote hain, wo doosre ke yahan pathar nahin feka karte), just for eg Rent recipts, etc (can't write more here).

Regards


Thu Jan 12, 2012 5:39 pm
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Joined: Sun Apr 03, 2011 4:53 pm
Posts: 66
Hi All,

I have prepared TEP format on my wife as she evaded approximately 2-3 lakhs tax , in my TEP report I have given all the details.

As a process of filing TEP, do I just need to take a print of the TEP petition(which I'v prepared with the help of available format) along with the available proofs in a sealed cover addressing "Chief Commissioner Of Income Tax hyderabad" and practically go to the IT office and submit and get the proof of submission?

Do I have to pay any fee before I file this petition?
Can I also include available Judgment copies in the TEP cover?

Regards,


Sat Jan 28, 2012 10:20 pm
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Joined: Wed Aug 11, 2010 6:20 am
Posts: 15
Location: Jaipur / Australia
Dear Friends,

My FIL died while in service. He claimed to have spent 20 Lakhs and 1 Kilogram [30lakhs] gold in marriage. Please advise since the FIL died what will be the effect of TEP.

Can the evaded tax be sought from the beneficiaries / nominees of FIL that is MIL or rest of the family ?

Regards. shekharjaipur@gmail.com


Sun Jan 29, 2012 12:28 pm
Profile YIM

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Nothing can be claimed from a person who is no more.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Sun Jan 29, 2012 6:13 pm
Profile YIM

Joined: Thu Nov 03, 2011 5:57 pm
Posts: 11
Dear Potentialvictim498A

Good going..!! See the magic now (although it may take some time for them to initiate the action, i guess). Just see, if it is possible for you to meet the IT AO (if u don't see much progress in next couple of wks) and ask him (u now 'how') to issue them the notice asap so that their attention can be diverted (which will give u some relief).

Keep posting with the developments.

Rgds


Sun Feb 12, 2012 11:18 am
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