fighting back (exec) 27 January 2014
hi, claim of marriage expenditure of rs 10 lacs done by wife, is it right or ok to ask the source of income of this money, as the counter claim can well be that ' it was our savings' but if considered as savings, do the saving have to shown in the income tax returns? if yes, can i file a tax evesion petition against them?
Dear Fighting Back,
As per your query the mainstream goes on the question as from where that money has come?
It is well cleared that merely allegations of expenditure on marriage expenses are nothing going to harm you.
But if she alleges that expenditures of 10 lacs in her stridhan then you have a case.
Because there is no such section under Law to claim marriage expenses including groom's gift.
But yes if they conclude this money as her stirdhan or any amount given to you so that you could refund her at a certain time then it's a catch for you..
My Take on your query is as following if it's a matter of claiming false amount,false stridhan articles and items:
1. Use RTI to get the information about your FIL/MIL/BIL or whoever is claiming that he has invested such amount on the particulars that whether he/she has paid ITR for such amount during such financial year or not.
2. Your RTI letter should be addressed to PIO of Income Tax office of his jurisdiction.
3. If you get satisfactory information then write a letter
To,The Central /State Public Information Officer or Assistant Public Information Officer attaching the RTI letter with it.
4.Your petition should be well clear that you have got the information from Income tax department only and now you need an enquiry for such act.The Reason should be well written in the format and you should also write your case No. and how your In-laws are blackmailing and harassing you with false claims.You should also write that they should be sued and Tax should be recovered.
5. Following are the few important sections of Income Tax Act through which they are legally bound to answer and investigate and sue them for their illegal deeds.
U/S 68, 69, 69A & B, 69C & D and section 133(5) of Income Tax Act, 1961 are applicable
Section 68 of Income Tax Act, 1961 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 & 69B of Income Tax Act, 1961, deals with unexplained investment, unexplained money & investment not fully disclosed in books of accounts.
Section 69C, of Income Tax Act, 1961deals 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.
Section 133(5) , of Income Tax Act, 1961 it is mandatory to file income tax return on the expenditure incurred on any function or ceremony
regards,
(ESIS)
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