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income tax return main balance sheet main criditors main mer

Querist : Anonymous (Querist) 06 March 2010 This query is : Resolved 
sir, i want to know a person it return are only one part in returt, in a criminal case he shows my pending amount in court, so i want to know about my name in his balance sheet in creditors, i know he is fraud,ant no i have no trasection,so he cant my name in his balance sheet in income tax return in creditors, as a i.t.rule, he will punish 3 times penalty for it,if i dont get my name in his i.t. written, when i apply for i.t.return, he object and my applicasion is dismiss, now i want go to appell, kya ve accept karege,
Kumar Thadhani (Expert) 06 March 2010
Your clarification is required in this query.
adv. rajeev ( rajoo ) (Expert) 06 March 2010
Whatever I understood from your question, I clarifying it.
You will have to file a revision against the dismissal of your application in the Dist., court.
Whats your cross examination it hasn't been in your question. Whether you have cross examined about the a/cs or not?. If you have cross examined about the a/cs and his answer is " NO" then it is good for you only.
If you want detail answer send your querry in detial.
Vineet (Expert) 06 March 2010
Dear Mr Anonymous

It appears from your query that you want to know whether the other party has shown you as a creditor in his balance sheet filed alongwith return of income.

First thing first, till now the IT department was rejecting RTI applications regarding disclosure of returns filed by assessees. However, in a recent decision the CIC has held that the returns are public documents. I do not know whether IT department has appealed against the said order or not as certainly privacy and security of assessees is certainly infringed by this decision.

Coming to your query, for last three years the compulsion to file balance sheet and other financial statements with return has been done away with. So if the person's case has not come up for scrutiny, there is no chance that department is having any balance sheet of the person leave aside list of creditors. And certainly they are not going to ask for it from assessee for you.

If you have any doubt that the person is frivolously using your name as creditor in his books of accounts as presented before court and actually he does not owe you any money, the best way is file a complaint with the investigation wing of the department with copies of his balance sheet as presented before the court and your undertaking that you do not have any transaction with him. They will investigate the matter and take care of his misdeeds.



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