• Can I file income tax complaint on retired govt. doctor

Hello sir... 
One of my friends wife file the case of Maintenance against my friend. In that notice, they told they have given dowry (gold, silver, Cash) and spent more than 25 lakhs for marriage... These are all false allegations they have made against my friend. His wife father is retired government doctor.So can I suggest my friend to complaint income tax department regarding the above mentioned money.
Asked 4 years ago in Taxation

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21 Answers

File complaint with chief commissioner  income tax regarding alleged giving of cash , gold , silver worth Rs 25 lakhs by wife father at time of marriage 

 

2) There is a claim and admission on his part of an exorbitant amount of money and jewellery spent at the wedding as mentioned above. By this voluntary admission itself, Provisions of Section 69C are applicable and attracted in the present case-

 

3) This huge amount of cash expenditure raises substantial doubts on the veracity of Cash Credits in the account books of XYZ, thus attracting the provisions of Section 68 of Income Tax Act

 

4) get tax evasion petition drafted by lawyer 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

See if any complaint is files in regard to same.then in one way you have to accept that dowry was taken and the amount was recieved. So.accepting same is not advisable.

Though you can complaint against the alleged giving of such amount for same.the department can investigate.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- Yes, he can lodge his complaint in Income Tax department , if his wife is claiming for 25 lacs dowry given at the time of marriage , without disclosing the source of income and how funds flowed.

- As per Delhi High court , there is a direction to the police department , for not lodging any compliant of woman , if she has not complied the Rules under Dowry Prohibition Act.

- Further, under the Rule 2 of the Dowry Prohibition(Maintenance ,

1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2)The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

- The decision of Delhi High Court on February 23, 2007 , CRL.M.C.7262/2006 , in the matter of 

Smt. Neera Singh  versus  The State and ORS  from the court of Justice Shiv Narayan Dhingra  

will help you. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

You can file complaint with income tax department or through an advocate  

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

1. your friend should file a tax Evasion Petition to the income tax department against her father in law,

2. attach a copy of the complaint filed by the wife along with the TEP and highlight the para which contains spending of Rs. 25 lakh

 

Suneel Moudgil
Advocate, Panipat
2378 Answers
6 Consultations

4.8 on 5.0

- Tax Evasion Petition in the income tax department can be filed by your friend or Advocate as well

- Better drafted the complaint by an Advocate .

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

If father in law says he has taken money from relatives he has to prove transfer of funds from relatives to his account 

 

2) if he had saved money it should be reflected in his income tax returns 

 

3) if he borrowed money from friends what is evidence of loan taken from

friends 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

Income tax department will seek evidence only on that basis they will proceed. No he can't. Even if then you can give evidence to them

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

 

- Yes, indeed , he will narrate the same , as you mentioned.

- But, huge dowry paid at the time of marriage , is his allegation and not your friends ,hence

1. Father- in- law will have to show the fund transfer from the friends group to his account .

2. Any saving exceeded Rs.10,00,000/- should be declared in Tax return. 

3. He will have to prove the same before the Court. Merely allegation is not enough for proving the case. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

While contesting the case in the court for a family dispute you can raise the question of the point which has been claim as dowry and ask the opposite party to submit evidence of the funds paid as dowry to the other party your Income Tax complaint will not do anything as the income tax has nothing to do in this until and unless they are satisfied with the income tax return filed by the person and the income tax return must be showing the salary income of the individuals and has been processed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

A retired government doctor will be coming in the tax bracket, hence even if you ask your friend to give  complaint to the income tax department, he may easily escape the actions showing his returns filed  hence think of some other idea or plan to tackle this issue.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

If you suspect that the doctor has evaded the tax then a tax evasion petition can be filed but please confirm tht if he has filed the ITR or not in this regard.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

As opined earlier, he being a salaried employee, the taxes would have been deducted from his salary hence he will certainly have the copies of the income tax returns hence all your efforts may turn futile.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

1. Giving of dowry is also an offence.

2. If they have stated that such exorbitant amount was incurred on marriage then your friend can file the complaint for tax evasion to IT Department.

3. He is not required to send the complaint through a lawyer. He can do so on his own.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Nobody admits the allegations leveled against him, but this does not mean that case cannot be filed if there is force in the allegations.

2. Nobody can predict the outcome of the case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

See you can give a complaint in income tax department based on allegations.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See if there is enquiry then he has to furnish proof of such income before the concerned officer and provide all supporting documents of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. No there will be no benefit served with the complaints to income tax department against father of his wife.

2. As he was a govt doctor his salary and retirement benefits must be very good so that he can spent the money on his daughters marriage. 

3. Yes he can explain the spendings on his daughter marriage very easily. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yea it should be done so that thye have to answer for the cash and jewellery and how they got it.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

A notice may be given to the it department stating all the facts and the complaint they have registered against the husband.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

He may be served with a income tax notice and asked to explain these things elaborately.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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