• Defendant Lawyer - asking for my tax and bank details!

Hi! 
I'm a money lender and it's a civil suit that I have filed against an individual. I have the pro note on whose basis I have filed the case which has the defendants signature. And the defendant has agreed to the fact that it is indeed his signature.

The defendant's lawyer - during his questioning keeps bringing up if I have paid my taxes & has handed me notice demanding me to present my INCOME TAX STATEMENT- MY BANK PASS BOOK & MY BOOKS OF ACCOUNT to the Civil Court Jr Division - which I have a strong objection to.

What should be my steps going further as I feel that what the defendant lawyer is asking are unjustifiable, except for my books of account. 

(Would highly appreciate an answer containing a particular section of an act that suits my purpose)

Thank you!
Asked 6 years ago in Civil Law

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15 Answers

you must produce your income tax returns , bank statements, books of accounts  if called upon to do so 

 

2) if court directs you have to comply with court orders 

 

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Do not give stating it doesn't relate to any matter in question in the suit and therefore irrelevant.

Advocate may question your ability to give loan by focusing your income and may try to prove that your income was not sufficient to pay out for such loan and thereby  make the actual payment of loan amount by you questionable. 

So never disclose your income if you have valid proof of payment of loan amount by you.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

In the legal notice defendant lawyer can ask anything but it does not mean that you have to provide all the details until and unless it is asked by the court in case during the trial if codes things necessary to ask the income details and income tax return to verify the transactions Court may do so and in that case you have to provide the documents to the court otherwise there is no need to be worry about this I hope you have the licence for money landing

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Paying capacity need to prove in cheque bounce cases, you are an authorized money lender and defendant has admitted his signature. Case is over, press court for Judgement on admission. 

Why didn`t you filed summery suit instead of regular suit. Summary suits can be instituted in case of certain specified documents such as a bill of exchange, hundies, and promissory notes etc.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Check whether the defendant has taken the defence that you had no capacity to lend the amount which you have claimed in the suit.

2. if there is no such defence then there is no harm if you do not produce your ITR though you can very well disclose your income.

3. In other event do produce your ITR.

4. There is nothing called personal liberty to hide a fact during cross examination of the civil suit. If you can very well keep mum and nobody can force you to open your mouth.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

if court passes orders then produce tyour income tax returns , bank statements 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hi

The same need not be given to court, as they are related to your business.  

Your objection is correct, but in case if the court directs you to produce the same, you have to.

Otherwise, you need not.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

until unless court order, dont submit your income tax and bank details. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes, you can deny what defendant lawyer is asking, but you can provide bank details if you had made the transcations via cheque or NEFT etc. Instead of cash.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir

It is not the question of personal liberty. The court will be always be at neutral point. It is for you to establish that you have actually lent such amount and shown the same in your IT returns as liability during the particular year etc. If you share more details about the evidence on record then I can suggest you whither that available evidence is sufficient or not. Court never insist you to produce any document.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can contest the application on ground of personal information and further in case application is allowed you have to disclose same documents.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can take privacy se the ground to contest same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you don't produce it if after being asked to produce in court then court may draw adverse inference against you. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear

If the court ask you to produce these details then you cannot deny to tender Bank statements ITR and account books. 

This is to prove that you have capacity for lending that amount on loan. 

And you cannot deny producing these details on ground of personal liberty.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You do not need to present any document unless specifically asked for by the competent court. 

Aman Shrotriya
Advocate, Rajkot
21 Answers

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