If it’s bogus then don’t answer it
Summon received for 2009-10 Benami Act
I have received a summon for a transaction for fy 2009-10. no date or time is mentioned in summon by when is it be answered. it pertains to a transaction of a party i have not dealt with its bogus as far as i can see by when do i need to answer it
Asked 1 year ago in Taxation
8 Answers
You should submit your reply at the earliest
Unless it is a court summons there is no mandate to respond to it.
Please engage a competent lawyer and ask him/her to verify the authenticity of the summons received, and take further steps as advised by him/her.
- If that summon is dully stamp by the Court , then there must be a date of next hearing to appear before the Court.
- Further, there must be a case number with the details of the parties , hence you can get the information from the court personally or through an advocate
- Further, even that is issued by the court to you, and in case not appear then the court may pass ex-parte order against you.
- The limitation of filing reply is 30 to maximum 90 days from the date of receiving the summons.
Dear Client,
If the summons has no date or time provided as to when you need to respond, it is best to write your reply as soon as possible to avoid any legal issues. Here are the steps you should follow:
1. Contact the Issuing Authority: If this is the case, it is advisable to contact the authority or the office that issued the summons to clear details concerning the time limit as well as any other information regarding its response.
2. Consult a Lawyer: In cases where you feel that the summons does not relate to a transaction you understand, seek the assistance of a lawyer to explain the nature of the summons. It is always good to consult a lawyer on how to respond to such issues with the aim of achieving the right response.
3. Prepare a Response: Collect all possible documents and pieces of information that can be used in order to support a claim that one did not participate in a given transaction.
4. Submit a Formal Reply: Since you have agreed to appear in court, write a formal response to the summons and give your stand and any evidence that would enable you to refute the claim that the transaction was fraudulent.
The first suggested action will facilitate the handling of the problem and will show your readiness to follow the instructions of the officers.
You can refer the matter to a local lawyer who will be able to guide you properly on the subject for taking a considered decision.
1. Have you received the Summons from the Court?
2. What date has been specified in it to appear before the Court?
3. Appear on that specified date to understand the matter and to act accordingly.
