complaint against Tax recovery officer and Assessing officer sent by mail
AS ABOVE TAX DEMAND FROM TAX RECOVERY OFFICER 12-9-2005By speed post ad
Pankaj S Mody
c/o shri s s modi
2nd Fl Janmangal Apt
Paldi, Ahmedabad 6
October 4, 2005
The Police Inspector,
Ellisbridge Police Station
Ahmedabad
Respected Sir,
I most humbly request you to register complaint against the Tax Recovery Officer (Mr.Dalvadi), Range 11 , Narayan Chambers and The Assessing officer- (Mr Mistry ) , 11(2) , Narayan Chambers and Commissioner of Income Tax –Appeals (XVII) , Shri V K Sehgal , Nature View Building and take criminal action against them on account of intimidation to use coercive measures against me for to extort capital gains taxes charged to me arbitrarily for the assessment year 96-97 in my individual assessment and HUF assessment and because he had not ascertained the facts and the preceding assessing officer has charged the same capital gains tax in the assessment year 1997-98 too. All of them have deliberately avoided to ascertain the facts before passing adverse orders against me and my HUF.
Before I narrate this complaint I would like to state that the Additional Principal Secretary to the Honorable Chief Minister of Gujarat has requested the office of the Police Commissioner to extend protection to the undersigned and I have already furnished a statement to the Paldi Police chowky while marking copy to Ellisbridge Police station ( in connection with extension of protection to the undersigned in connection with investigation on GTB fraud connected with Core Health care). As GTB matter is interconnected the bankers and Core health care are like to intimidate me through the income tax department and hence , it is necessary that the Police authorities take necessary precautionary measure of complete protection to the undersigned till the investigation findings on GTB fraud is complete and also during the course of action on bankers as well as Core health care and its management .
Briefly stated the pertinent details are as under:-
· I had written to the Assessing Officer 11(2) , on 12-9-2005 so that he can verify and rectify the assessment orders passed in a hot hurry by the predecessor assessing officer by calling details from Dhanyushya directors, auditors, etc and recording their statements and collecting documentary evidences from them and then giving me an opportunity of allowing me to cross examine them. I had reminded him that in the past , I had written several letters to the predecessor assessing officers but for the reasons best known to them they have remained silent and have not replied. In my letter dated 12-9-2005, I have specifically drawn his attention as to why necessary action against him should not be taken against him under Prevention of Corruption Act for extending favours to Dhanyushaya directors , their auditors,etc .He did not furnish a reply but his colleague working in the same office , that is Tax Recovery Officer , Range 11 addressed a letter to the undersigned on 12-9-2005 and posted on 26-9-2005 and received on 29-9-2005 and has intimidated me that in case I do not pay up the tax demand within three days from the receipt of letter , his office would be constrained to use coercion measures to extort taxes from the undersigned . It is obvious that the Assessing Officer has deliberately and willfully not restrained the Tax recovery officer or make him withdraw the said notice.
· In the past , the preceding assessing officer of 11(2) and their bosses have already used intimidate and extortion tactics to recover huge tax demand from my wife and my children and causing a rift between me and my family. This has been done by various officers of the income tax department in Narayan Chambers by exploiting the natural weakness of woman and children getting scared by the Commissioner of Income tax in Narayan Chambers , that I pay the taxes as the taxes have been paid by my family members.
· I had also sought from CIT –Appeals (XVII)in Nature View Building copy of appellate orders passed in the case of my wife and children before passing adverse orders against me. On my persistent demands , he passed adverse assessment orders against me for assessment year 96-97 while canceling the protective demand for orders passed by the assessing officer for the assessment year 97-98 . Till date , the CIT Appeals –XVII has failed to give a reply to my letter dated April 7,2005.
· The predecessor assessing officer -11(2) has contested the orders passed by the CIT –appeals for the assessment year 97-98 in the income tax tribunal while he has deliberately accepted the orders passed by CIT-Appeals for the assessment year 96-97. This shows that he wants to cause mental, legal harassment.
· It is my experience that most of the officers of the Income tax department and their seniors are hand in glove being aware of weakness community in Gujarat that they are peace loving and soft people and are not able to sustain any mental torture and therefore they are easily amenable to the demands of the officers of income tax dept so as to save themselves from the clutches of the officers of the income tax department.
· My family and myself has been victim of such situation when Mr. D N Kar of the Investigation Department of Income tax department summoned me to appear before in March 1998 and who deliberately did not collect all necessary documentary evidences from Dhanyushaya so that he could help Dhanyushya to grab the companies of RIPL and FPPL and create charge on the immoveable properties of RIPL and FPPL in light of the circumstances prevailing then.
I have already brought it to the notice of the Government of Gujarat as regards to fraud in GTB Bank and I have already addressed letters to Oriental Bank of Commerce and in light of my letters to them and possibility of action against the bankers , the bankers being in collusion with Dhanyushya have found to harass me through the income tax department to silence me and harass me. They need to silence me desperately so that they do not fall under the clutches of Prevention of Corruption Act on account of case filed by a person against the connected company and the bankers and also because they do not get harassed on account of their fraudulent acts.
It is obvious from the audited balance sheet of Dhanyushya for the accounting year 96-97 that they do not legally own shares of Rupmanglam and Flovin pertaining to me and my family and hence the assessing officer as well as the tax recovery officer has no legitimate right to raise tax demand from me.
I therefore, most humbly request you to record the statement of various officials by obtaining their replies and take criminal action against (a) Tax Recovery Officer- Range 11 ,(b) Assessing Officer- 11(2) and other connected departmental officials for following primae facie reasons:-
· For making tax recovery demands with a view to intimidate me to extort taxes from me even when the assessment order for assessment year 96-97 and 97-98 has specifically stated that the information needs to be collected from Dhanyushaya but have not been received from Dhanyushya .For the same capital gains tax , I have been taxed twice- once in assessment year 96-97 and once again in assessment year 97-98 on protective basis.
· The fact that they have not taken such steps against Dhanyushya directors and connected persons shows that the concerned officials of the income tax department and their predecessors are hand in glove.
· The Assessing officer had knowledge of my letter dated 12-9-05 the same day and without his instructions to the tax recovery officer would not have issued letter dated 12-9-2005.
· The Tax recovery officer has not suitable steps inspite of my earlier communication from time to time to him.
· It is necessary to record their statement and obtain their replies now so that I am not harassed time to time from other officers of the department.
· It is necessary that the department officials are called upon to furnish complete documentary evidences by collecting from Dhanyushya and their associates to the undersigned.
I once again humbly request you to take appropriate steps of taking suitable criminal action against the concerned officers of the income tax department for intimidating me so as to use coercion to extort taxes and produce them before Metropolitan court/sessions court for recording their statements while taking suitable steps for extending protection as advised by the Home Department
I shall furnish additional correspondence and other details at a later stage as and when necessary after the statement of the income tax officers is recorded.
Thanking you.
Yours sincerely,
Pankaj S Mody
Enclosure:-
1) Letter addressed to Assessing Officer dated 12-9-2005
2) Letter from Tax Recovery Officer dated 12-9-2005.
Paldi, Ahmedabad 6
October 4, 2005
The Police Inspector,
Ellisbridge Police Station
Ahmedabad
Respected Sir,
I most humbly request you to register complaint against the Tax Recovery Officer (Mr.Dalvadi), Range 11 , Narayan Chambers and The Assessing officer- (Mr Mistry ) , 11(2) , Narayan Chambers and Commissioner of Income Tax –Appeals (XVII) , Shri V K Sehgal , Nature View Building and take criminal action against them on account of intimidation to use coercive measures against me for to extort capital gains taxes charged to me arbitrarily for the assessment year 96-97 in my individual assessment and HUF assessment and because he had not ascertained the facts and the preceding assessing officer has charged the same capital gains tax in the assessment year 1997-98 too. All of them have deliberately avoided to ascertain the facts before passing adverse orders against me and my HUF.
Before I narrate this complaint I would like to state that the Additional Principal Secretary to the Honorable Chief Minister of Gujarat has requested the office of the Police Commissioner to extend protection to the undersigned and I have already furnished a statement to the Paldi Police chowky while marking copy to Ellisbridge Police station ( in connection with extension of protection to the undersigned in connection with investigation on GTB fraud connected with Core Health care). As GTB matter is interconnected the bankers and Core health care are like to intimidate me through the income tax department and hence , it is necessary that the Police authorities take necessary precautionary measure of complete protection to the undersigned till the investigation findings on GTB fraud is complete and also during the course of action on bankers as well as Core health care and its management .
Briefly stated the pertinent details are as under:-
· I had written to the Assessing Officer 11(2) , on 12-9-2005 so that he can verify and rectify the assessment orders passed in a hot hurry by the predecessor assessing officer by calling details from Dhanyushya directors, auditors, etc and recording their statements and collecting documentary evidences from them and then giving me an opportunity of allowing me to cross examine them. I had reminded him that in the past , I had written several letters to the predecessor assessing officers but for the reasons best known to them they have remained silent and have not replied. In my letter dated 12-9-2005, I have specifically drawn his attention as to why necessary action against him should not be taken against him under Prevention of Corruption Act for extending favours to Dhanyushaya directors , their auditors,etc .He did not furnish a reply but his colleague working in the same office , that is Tax Recovery Officer , Range 11 addressed a letter to the undersigned on 12-9-2005 and posted on 26-9-2005 and received on 29-9-2005 and has intimidated me that in case I do not pay up the tax demand within three days from the receipt of letter , his office would be constrained to use coercion measures to extort taxes from the undersigned . It is obvious that the Assessing Officer has deliberately and willfully not restrained the Tax recovery officer or make him withdraw the said notice.
· In the past , the preceding assessing officer of 11(2) and their bosses have already used intimidate and extortion tactics to recover huge tax demand from my wife and my children and causing a rift between me and my family. This has been done by various officers of the income tax department in Narayan Chambers by exploiting the natural weakness of woman and children getting scared by the Commissioner of Income tax in Narayan Chambers , that I pay the taxes as the taxes have been paid by my family members.
· I had also sought from CIT –Appeals (XVII)in Nature View Building copy of appellate orders passed in the case of my wife and children before passing adverse orders against me. On my persistent demands , he passed adverse assessment orders against me for assessment year 96-97 while canceling the protective demand for orders passed by the assessing officer for the assessment year 97-98 . Till date , the CIT Appeals –XVII has failed to give a reply to my letter dated April 7,2005.
· The predecessor assessing officer -11(2) has contested the orders passed by the CIT –appeals for the assessment year 97-98 in the income tax tribunal while he has deliberately accepted the orders passed by CIT-Appeals for the assessment year 96-97. This shows that he wants to cause mental, legal harassment.
· It is my experience that most of the officers of the Income tax department and their seniors are hand in glove being aware of weakness community in Gujarat that they are peace loving and soft people and are not able to sustain any mental torture and therefore they are easily amenable to the demands of the officers of income tax dept so as to save themselves from the clutches of the officers of the income tax department.
· My family and myself has been victim of such situation when Mr. D N Kar of the Investigation Department of Income tax department summoned me to appear before in March 1998 and who deliberately did not collect all necessary documentary evidences from Dhanyushaya so that he could help Dhanyushya to grab the companies of RIPL and FPPL and create charge on the immoveable properties of RIPL and FPPL in light of the circumstances prevailing then.
I have already brought it to the notice of the Government of Gujarat as regards to fraud in GTB Bank and I have already addressed letters to Oriental Bank of Commerce and in light of my letters to them and possibility of action against the bankers , the bankers being in collusion with Dhanyushya have found to harass me through the income tax department to silence me and harass me. They need to silence me desperately so that they do not fall under the clutches of Prevention of Corruption Act on account of case filed by a person against the connected company and the bankers and also because they do not get harassed on account of their fraudulent acts.
It is obvious from the audited balance sheet of Dhanyushya for the accounting year 96-97 that they do not legally own shares of Rupmanglam and Flovin pertaining to me and my family and hence the assessing officer as well as the tax recovery officer has no legitimate right to raise tax demand from me.
I therefore, most humbly request you to record the statement of various officials by obtaining their replies and take criminal action against (a) Tax Recovery Officer- Range 11 ,(b) Assessing Officer- 11(2) and other connected departmental officials for following primae facie reasons:-
· For making tax recovery demands with a view to intimidate me to extort taxes from me even when the assessment order for assessment year 96-97 and 97-98 has specifically stated that the information needs to be collected from Dhanyushaya but have not been received from Dhanyushya .For the same capital gains tax , I have been taxed twice- once in assessment year 96-97 and once again in assessment year 97-98 on protective basis.
· The fact that they have not taken such steps against Dhanyushya directors and connected persons shows that the concerned officials of the income tax department and their predecessors are hand in glove.
· The Assessing officer had knowledge of my letter dated 12-9-05 the same day and without his instructions to the tax recovery officer would not have issued letter dated 12-9-2005.
· The Tax recovery officer has not suitable steps inspite of my earlier communication from time to time to him.
· It is necessary to record their statement and obtain their replies now so that I am not harassed time to time from other officers of the department.
· It is necessary that the department officials are called upon to furnish complete documentary evidences by collecting from Dhanyushya and their associates to the undersigned.
I once again humbly request you to take appropriate steps of taking suitable criminal action against the concerned officers of the income tax department for intimidating me so as to use coercion to extort taxes and produce them before Metropolitan court/sessions court for recording their statements while taking suitable steps for extending protection as advised by the Home Department
I shall furnish additional correspondence and other details at a later stage as and when necessary after the statement of the income tax officers is recorded.
Thanking you.
Yours sincerely,
Pankaj S Mody
Enclosure:-
1) Letter addressed to Assessing Officer dated 12-9-2005
2) Letter from Tax Recovery Officer dated 12-9-2005.
Copy marked to:-
1) The Home Department,Gandhinagar
1) The Police Commissioner , Shahibaug
2) The Paldi Police Chawky, Ahmedabad
ANNEXURE : Letter to Assessing officer on 12-9-2005
From:
Pankaj S Mody
C/o Shri Suresh S Modi
Janmangal Apt ,
2nd floor
Paldi ,
Ahmedabad 380 006
12-9-2005
To,
The Assessing Officer , - 11 (2)
Narayan Chambers ,
Ashram Road
Sir,
This is in reference to your communication dated 1-9-2005. At the outset let me make it clear that I do not have any taxable income and nor am I in position to engage services of a tax consultant.
I humbly request you to provide detailed findings as well as action taken report in light of my various letters addressed to the predecessor assessing officers as well as to Tax Recovery Officers and others especially when he matter is pending since long. Amongst various issues , I have referred to the statement made by assessing officer for assessment order passed in March 2002 and the same is referred as under:- - “Details were calledfrom Dhanyushya as all the details are in its possession in respect of transfer ofshares. Details have not been received from DFPL and hence it is not possibleto give finding in respect of exact date of transfer of shares along withcompleted share transfer deed.” Primarily it is duty of the assessing officer to collect such information from the other parties with a view to provide natural justice to me. Till date , the office of Assessing Officer has not done this for obvious reasons of extending favour to Dhanysuhsya and connected associated persons. It is also apparent from the audited balance sheet of Dhanyushya for the period ending March 31-3-97 that , they do not own any of my shares of Rupmanglam and Flovin as the same is not reflected in their balance sheet.
You would appreciate that I have my natural as well as fundamental right to Information and as long as you do not provide detailed findings , it is not proper on your part to call for any information from me. Besides there is on going inquiry by Police Authorities of Gujarat in light of my complaint and hence you cannot demand cooperation from me till you furnish detailed findings and permit me to cross examine Dhanysuhaya.
Amongst various letters addressed to Assessing Officer as well as to the tax recovery officer from time to time , kindly refer my letter dated 17th Oct 2003 addressed to the Assessing Officer. Till date , I have not received any reply from your end in this regard. This is not fair and besides your indifference shows that the assessing officer lacks sensitivity for the common citizens.
When the information has not been received , with a view to provide natural justice , it becomes your responsibility to collect the details from Dhanyushya as assessing officer and if you fail to do so then it is either deficiency in services and/or that you are extending undue favour to protect Dhanyushaya , their directors , chartered accountants as well as tax advocates This would naturally attract provisions of Corruption Act against all the concerned officials of the Income tax department .
I have been advised by letter dated 26-12-2000 ( HQ.III/101-M-26/Form.No.34A.AR.8/2000-2001 from the Commissioner of Income Tax –III (P C Verma) , Ahmedabad that the assessing officers have been given appropriate instructions. Please let me know the circumstances under which the income tax clearance certificate was given in a hot hurry and the steps taken by you to attach the bunglow for approving sale consideration which is lower than purchase price and when there 37 I permission has not been obtained.
I am marking a copy of present letter to concerned authorities as to why action should not be initiated against you for extending favour to Dhanyushaya and its directors, chartered accountants, tax consultants and escrows by not furnishing their reply to me , in case you do not furnish satisfactory detailed findings and action taken report against this group. You must be aware that the action has been initiated against the management of Core Health care and others by Anti Corruption Bureau in light of directions given by the Sessions Court.
It is in your interest to rectify the situation by taking suitable action and reporting findings and avoid having herd mentality. In interest of natural justice , it is necessary that you furnish the detailed findings to me at my email address. I reserve my right to raise other issues at a later stage as and when necessary.
Kindly furnish detailed findings and action taken report to the undersigned at my email address modyps@gmail.com and to the Home Department pshome@gujarat.gov.in forthwith so that various provisions of extending favour to Dhanyushaya are not attracted against you. In case,you fail to furnish such information to me and the Home department forthwith , then various provisions of extending favours to Dhansyuhsya , their auditors and tax consultants and directors,etc would be applicable to you, which please note. I do hope that you would not like to be placed in such an embarrassing situation for deficiency in services on your part. A copy of present letter is being sent to them for their knowledge and action in case you fail to furnish such details to them.
Thanking you.
Yours sincerely,
Pankaj S Mody
Enclosure:-
1. Copy of audited b/s of Dhanyushya for period ending March 1997.
2. Sandesh article dated 25-8-2005 on Core Health care management .
3. Income tax clearance certificate issued in year 2000 by the then assessing officer.
4 Letter dated 17-10-03
( the enclosures are not furnished on this blogsite )
posted by WHISTLE @ 9:19 AM
