I have complained to Indian income tax department of improper means by which wealth and property was accumulated by one of my relative. Further to the income tax raid held in his house several documents and accounts for which no tax has been paid was recovered. He had assets and property worth 3 crores which was in "black money". This raid had happened in December 2005. However till date the accused has paid only 30 lakhs to the IT department.
Is it possible for the accused to file a case against the IT department and there by delay the tax or penalty payment process, since it is already 4 years and no further action taken.
What are the possible ways by which he could have avoided further payments of tax to government..?
3 Answers from Attorneys
He may be entitled to pursue his remedies in accordance with law. He may also be entitled for "settlement" as per the Income Tax Act. In that case, the authorities agree for a lump sum payment of tax which may at times be less than his actual liability.
Once you have complained about your relative and action was instigated why again you worry about the proccedings and the remedies against the case.After the the authorities of Govt. of India has responded to your compliant the proceedings are on no advocate has right to advise you against the proceedings and instead the victim in the case can be advised by any counsel.
Income Tax department can tax only income and not value of assets. It is possible that Rs 30 lakhs was the tax liability and penalty on the evaded income tax.
You still have a right to know and also a right to receive reward as per law.
You can email me for a paid opinion, on how to proceed further.
S.Seshadri
Advocate
website: www.lawconcern.com
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