can i threaten someone that i will inform the it about his black money?
Anil Kumar
(Querist) 26 July 2014
This query is : Resolved
Hi,
Like many honest tax payer, i too don't have enough cash to buy a property. Though my future income is enough to get me a Home loan of Rs. 2 crore, but as most of the property sellers ask for around 45% in black money (cash), i am unable to buy any property.
I was negotiating a deal with a person, who promised me in the beginning that he will do a complete white deal and thus, register the property at its true sale value.
Now, he has changed his mind and wants to register at stamp duty, and so he wants around 45 lakhs in black.
I am furious now, and i am thinking of threatening him that if he sells it to anyone else, then i will inform the IT dept about his sale and make sure he gets penalized for the black money.
Is it a punishable offense to give such threats?
Do you think my threats will force the seller to do as i say, i.e. sell the property through white money only?
ajay sethi
(Expert) 26 July 2014
dont make any such threats . just walk out of the deal .
Devajyoti Barman
(Expert) 26 July 2014
Giving warning to someone from desisting in criminal activity is not threat and hence no offence is committed.
Guest
(Expert) 26 July 2014
It seems to be a fictitious problem. By the way, what is your real monthly income, as an auditor, to enable you to secure a home loan of Rs. 2 crores?
Rajendra K Goyal
(Expert) 26 July 2014
PS Dhingra Sir,
Installment for a home loan for 2 crs. should be aprox. 2 lacs, which generally does not exceed 50% of monthly income hence monthly income should be to the tune of Rs. 4 lacs per month. Has to be seen where he is auditing.
Author:
Better walk out of the deal.
Guest
(Expert) 26 July 2014
Rajendra ji,
Only in view of the estimated EMI, I have asked the question from the author. In other words, he must have monthly income of approximately 4 lakhs or more after adjusting income tax due at the highest slab. I apprehend that he inteded to resort to some blackmailing tactics with the property owner for which he wants opinion of experts, whether that would work or not in his interest.
Sudhir Kumar, Advocate
(Expert) 26 July 2014
warning someone of being framed in a true (provable) case is not a crime.
Thretening false case is a crime.
Anil Kumar
(Querist) 27 July 2014
Thanks to all the experts for your answers.
It is not a fictitious case, i am asking the question on behalf of someone else, and i don't wanna disclose the identity/relationship of that person. That person earns around 45 lakhs p.a. from legitimate sources, and pays full and fair taxes.
By the way, i am myself an auditor, and i won't get a home loan of more than 75 lakhs from a bank.
So please turn your focus away from me, and give your opinion that does blackmailing work in such cases? And in case they try to take revenge on me later, can i accept in front of courts/cops that i did blackmail them into paying correct taxes etc?
Guest
(Expert) 27 July 2014
Nobody made focus on you. Yourself invited focus by stating, "Like many honest tax payer, i too don't have enough cash to buy a property." Now you state that you are asking the question on behalf of someone else.
Furtyher, the title of question, "can i threaten someone that i will inform the it about his black money?"
When everywhere you are using 'I' and indicate your own intentions, how you can expect that anyone should presume that you were asking for some one else?
The question arises, when the so called some one else is earning 45 lakhs p.a., he can be literate enough to ask question, himself, why through you?
Sudhir Kumar, Advocate
(Expert) 27 July 2014
Agreeing with Mr Dhingra I will add that the so called "someone" (actually you) is earning so much why he cannot engage a lawyer.
Guest
(Expert) 27 July 2014
Good point, Mr. Sudhir.
