Sie sind auf Seite 1von 5

Dated: September 23, 2017

To,
The Addl. Commissioner of Income Tax,
Sonepat Range,
Minerva Complex, Atlas Road,
Sonepat - 131001,
Haryana.

Sub.:
A. Tax Evasion Petition against Mr. Narendra Singh r/o House
No 27, Nandwani Nagar, Sonepat 131001
B. Request for providing Certified Copies of ITR of Mr. Narendra
Singh to the applicant
Sir/ Madame,

The following is submitted:

1. My wife, Mrs. Neha Singh d/o Mr. Narendra Singh has filed a bogus dowry
complaint against me. She is claiming that out of her father's earning and
accumulation, Mr. Narendra Singh had spent approx over
Rs.20,00,000/- (Rupees Twenty Lacs) in the marriage of Ms. Neha
with myself, Devesh Chauhan, on 25 Dec 2014. Out of these expenses
Rs. 155000/- (Rupees Fifteen Lacs and fifty thousand) was spent cash for me
and her in the marriage. Rest of the money was spent on fridge, washing
machine, T.V, mixer, gold chain, gold rings, silver and brass utensilsetc of
the marriage.
2. .
Interestingly Mr.Narendra singh & Smt Suman Lata WIFE married her second
daughter on 15 Dec 2016. Even if we assume that same amount of money
was spend in her marriage as alleged in the FIR. It needs to be verified how
come Mr. Narendra singh amassed such an astonishing wealth for both these
marriages.
3. It is submitted that Mr. Narendra singh is a _U.P Government employee and
is working with U.P Police, where from he bought such huge sum of money for
said dowry and has carried other liabilities of family besides having other
liabilities is a matter of investigation which your esteemed department has
the jurisdiction to investigate

Please investigate as to whether Mr. Narendra Singh, Smt Suman Lata WIFE
(housewife though) has ever shown such a huge amount as his / her income and paid
taxes on the same (this income does not include only amount allegedly spend on
dowry items but also amount spend on other liabilities of his family and invested /
spend on the properties owned by him) and if they had purchased the items of dowry
from shops / showrooms after paying proper taxes for their purchase.

Ground for complain


As Shri XYZ (as claimed) had spent Rs ___ lacs in financial Year 2004-2005 so his
income tax return and source of fund of Rs ___ lacs may be verified and tax should be
collected as per provision of Income Tax.

Further careful perusal of the FIR & Attached Complain letter of Smt 498 A WIFE hints

Page 1 of 5
provision of section 68,69,69A, 69B, 69C & 69D under Income Tax Act of 1961 are
applicable on Shri XYZ as far as in my knowledge. However there may be many other
provisions of income tax which is best known to Honorable Income tax authority.

The section 68 deals with cash credits proving identity of the creditor, capacity of the
creditor, genuineness of the transaction are the important things of this section.
Section 69 & 69A, B deals with unexplained investment, unexplained money &
investment not fully disclosed in books of accounts.

Section 69C deals with the unexplained expenditure, the important requirement of
this section is that an expenditure has been found to have been incurred by an
assessee in any financial year and the assesses fails to indicate satisfactory source of
such expenditure.

Request & Relief sought

Shri XYZ income and source of fund should be verified for expenditure of Rs ___
lacs in financial year 2004-2005 to recover the tax and start proceedings against Shri
XYZ as per provision of Income Tax and the authority is under bounden duty to
investigate the said information since it relates and its refusal may prejudice the
appellant upon which an FIR has been registered.

Since criminal jurisprudence, it is clear that innocent person should not be convicted
and a person is presumed innocent unless found guilty/convicted.

Honorable Justice S. N. Dhingra has also given voice to my feelings in his Judgment of
Neera Singh Vs. The State (State Govt. of NCT of Delhi) & Others CRL.M.C.7262/
2006 23.02.2007 as below
Now-a-days, exorbitant claims are made about the amount spent on marriage and
other ceremonies and on dowry and gifts. In some cases claim is made of spending
crores of rupees on dowry without disclosing the source of income and how funds
flowed. I consider time has come that courts should insist upon disclosing source of
such funds and verification of income from tax returns

It is therefore requested that necessary Investigations may kindly be made against


Sh. XYZ, Smt. XYZ WIFE and Smt 498A WIFE the interest of justice and requirements
of law.

Shri XYZ provides the details of money being spend as gift received from the
relatives, friends etc, the flow of money should also be verified as there is every
apprehension that he may provide false Information and cheat the Tax Authorities.

As per Income tax rules, the source of Shri XYZ income must be checked and
recovery should be made from him against the expenditures he has made in the
marriages of his daughters. I may be given the due prize money as per income tax
guidelines for revealing this to the authorities.

I would also like to request that the name of investigating officer be provided to me
who
will be looking at this matter, as there is every apprehension that the information
provided to me will be misleading due to political pressure and beauraucratic
contacts of Shri XYZ,Smt XYZ WIFE.

I request you to kindly take cognizance of my complaint and honor the aforesaid
Judgment to verify his expenditure and initiate action against Shri. XYZ, Smt XYZ

Page 2 of 5
WIFE for tax evasion if any.

With Regards,
Husband
ADDRESS:
MOBILE:

Enclosure :
a. Copy of the FIR & letter disclosing expenditure of Rs. ____ lacs
4. It is also claimed that Mr. Atam Prakash Nandwani spent over Rs.
7,50,000/- (Rupees Seven Lacs Fifty Thousand) in the marriage of his
son Mr. Jai Gopal Nandwani on February 9, 2004.
5. It is further claimed in the FIR that Mr. Atam Prakash Nandwani gave
Rs.2,00,000/- (Rupees Two Lacs) to the father of the applicant on
December 10, 2005 as further dowry.

6. It can be inferred from the above allegations that Mr. Atam Prakash
Nandwani has spent over Rs.13,00,000/- (Rupees Thirteen Lacs) in
the financial year 2005-06 on the marriage of his youngest daughter;
and Rs. 7,50,000/- (Rupees Seven Lacs Fifty Thousand) in the
financial year 2003-04 on the marriage of his son; also, that similar
amounts were spent by him twice in the past as well in the financial
years 1995-96 and 1996-97.

7. Beyond the same, Mr. Atam Prakash Nandwani is the lawful owner of a house
measuring 250 Sq Yard in Nandwani Nagar, has a plot in Sector 7,
Sonepat and some 1700 Sq Yards of Residential Land in Village
Rathdhana in Sonepat. And it is common knowledge that he owns 3-4
houses in Sonepat in the name of his wife, Mrs. Mamta Nandwani and
few other Benami properties. It has been averred many a times that
he also owns 2-3 lockers in various banks, had multiple savings
accounts and has Fixed Deposits worth over 30 Lacs.

8. This requires to be ascertained whether Mr. Atam Prakash Nandwani has


disclosed his income and source from where he managed to acquire so many
assets. In case investigations are instituted through local authorities,
it will be able to unearth huge revenue from Mr. Atam Prakash
Nandwani. I, therefore, request you to kindly make proper enquiry in this
case.

9. To the best of my knowledge Mr. Atam Prakash Nandwani is a retired


Sub Post Master and not an income tax payer and based on the
allegations leveled against me and common knowledge, it can be
inferred that he has been evading Income Tax and Wealth Tax for
many years now causing loss to the exchequer of many lacs per
annum. It is also to be noted that his wife Smt. Mamta Nandwani is a house
wife and his daughter, i.e. my wife, Smt. Geetika Kapoor is also a housewife
and have no source of income.

10. It is also common knowledge that Mr. Atam Prakash Nandwani is already
fighting a case of embezzlement of funds and his pension is stopped. Thus
someone who has no known source of income and is so wealthy must
be having sources of income which he has hidden from the
authorities.

Page 3 of 5
11. It also wont be out of context to mention that he has driven away his son Mr.
Jai Gopal Nandwani from his house, for the sole reason that Mr. Jai Gopal
Nandwani could not quench his thrust for acquiring more and more assets. It
wont be out of context to note that his Son, Mr. Jai Gopal Nandwani was
working as a Junior Level Engineer in some private company till recently and
was living separately in a hand to mouth scenario. His son has since
deserted his parents and shifted to United Kingdom and is living in a
Garage in United Kingdom due to the ill treatment meted out to him
by his father, Mr. Atam Prakash Nandwani. He has broken all but
ceremonial ties with his family. Even the FIR has no mention of him ever
helped in resolving the family dispute between me and his sister. Despite me
asking for his help repetitively, he had always shown helplessness in
mediating in this affair and has done only lip-service in restoring tranquility in
the home of his sister.

12. Mr. Atam Prakash Nandwani is a hoarder of money and his thirst of money is
so huge that he along with his wife is the main instigator of spoiling my
married life. He has been harassing me and extracting money from me
on various occasions on one pretext or the other ever since my
marriage by threatening to file multifarious litigations against me. It
was only when I showed helplessness in providing him with more money on a
regular basis that they filed this FIR and various maintenance suits against me
to extract money from me through legal terrorism.

By the way of this application, May I request to inform me the following:

a. Whether Mr. Atam Prakash Nanwani, r/o House No 27, Nandwani


Nagar, Sonepat (Haryana) 131001, is an Income Tax assessee.
b. If he is an Income Tax assessee, has he been filing his Income Tax
Returns on a regular basis.
c. Please provide me the details with certified copies of Income
Declared/ Income Tax Paid from the period 2001-02 to 2007-08.
d. What action your esteemed department is initiating against Mr. Atam
Prakash Nandwani in view of this petition to recover the dues of
Income Tax.

Also enclosed is the Judgment of Honorable Justice S. N. Dhingra which has relevance
to the first part of my application. The same notes:

Now-a-days, exorbitant claims are made about the


amount spent on marriage and other ceremonies and on dowry
and gifts. In some cases claim is made of spending crores of
rupees on dowry without disclosing the source of income and
how funds flowed. I consider time has come that courts should
insist upon disclosing source of such funds and verification of
income from tax returns

Also enclosed is the Judgment of Honorable Justice S Ravindra Bhat of Delhi High
Court and CIC (Central Information Commission) order to release I.T. return
information to the victims of dowry harassment, which has relevance to the second
part of my application.

Page 4 of 5
I request you to kindly take cognizance of these judgments and order and provide me
with relevant information while simultaneously initiating the action for recovery of
dues from Mr. Atam Prakash Nandwani.

Your prompt reply in this regard shall be highly appreciated.

Thanking you in advance.

Yours Faithfully,

Shonee Kapoor
C-4-C/ 287,
Janakpuri,
New Delhi - 110058

Annexures:
a. Copy of the FIR and the list of dowry articles pending
b. Judgement of Honorable Justice S. N. Dhingra and Justice S Ravindra Bhat
of Delhi High Court
c. CIC (Central Information Commission), order to release I.T. return
information.
CC:
a. Commissioner of Income Tax, Rohtak
b. Chief Commissioner, Income Tax, Haryana
c. Chief Commissioner, Income Tax, NWR
d. Member, I.T. Investigation, Ministry of Finance
e. Finance Minister of India, Ministry of Finance

Page 5 of 5