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(Guest)

Correct time to file tep against fil

Respected All, My case in running under CAW cell. My Father in Law claimed Rs.30 Lakhs in his statment. Now i want to know that what is the correct time to file Tax Evasion Petition against Father In Law ?? Advance Thanks for your Kind Reply.


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 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 August 2013

Dear Raj

wait and watch may be some other experts are able to solve your query


(Guest)

Respected All, My case in running under CAW cell. My Father in Law claimed Rs.30 Lakhs in his statment. Now i want to know that what is the correct time to file Tax Evasion Petition against Father In Law ?? Advance Thanks for your Kind Reply.

_____________________________

 

Dear querist, if your FIL had given statement in written to caw cell and still the mediation is going..then in my opinion just wait for the final result of such councelling and mediation.In meanwhile ask The mediator or I/O to investigate the said statement by your FIL.

Now,if you FIL still adamant on his statement even after councelling and final result of caw cell, then politely ask your FIL that do he is ready to proove his 30 lakhs which he has given to you or else you will proove it. if he still adamant on his false statement then go for TEP. Let caw cell to register FIR, don't worry, once the Tax envasion record comes then whole present case as well as future case will be dissolved due to their malacious intentions as you would gather enough proof of false allegations.Then they have to worry as tax department will chase them to make their night sleepless.

 

regards,

A sufferer..

Tajobsindia (Senior Partner )     11 August 2013

My opinion is only one and as follow;

1.    Now.

Reason: If CAW cell case closed then also many husband find difficult to take back their wife to her rightful matrimonial home. Flip previous sentence, if CAW cell case converted into FIR then it is obvious once Bail etc formalities are over same husband will give way to thought of filing TEP. In either situation when family matter has already seen CAW light as per facts herein, it is always better to use TEP (if sure of FIL financial capabilities) as the spouse is most probably not going to invest his time in re-establishing his matrimony with such a spouse r/w In-Laws as the matter has reached quasi police domain which Civil people collectively should have avoided in the first place. Also in family law there is nothing called sympathy, emotions.


(Guest)

Yes I agree with Tajjobs what he said but in behalf of saving his marriage he could give last chance to his wife and FIL before TEP and FIR.

That's why I have mentioned after final councelling talk to his FIL as he still adamant on his 30 lacs. If he says yes.Then go for TEP as FIL universaly announced the marital war with him then no defence should be allowed after that.

If he files TEP during the councelling even though the matter will go to FIR as he will become agessive not to take her and instead of this he will go for TEP.

So,here consideration is only for saving family as after TEP the FIL & SIL will become two fighting nations.

 

What's your take on this sir?

Tajobsindia (Senior Partner )     11 August 2013

Originally posted by : Sufferer
  XXX What's your take on this sir?  

 

My take is only one and half for this and 'similar doubts' when a ‘replier’ ask me to comment as 'justification on his already given advise';

1.    Queriest come to internet legal forums ‘of Lawyers for general public’ after exhausting ‘social remedies’ to explore views from Lawyers. To advice them ‘save your marriage’ via internet is not required as anyhow he has already received such social advise before approaching us.


If ‘so’ then similar queriest will come back after few month asking ‘should I keep my CAW cell approached wife” then you as ‘general public replier’ will start searching better wordings than what previously you yourself advised as then it will become ‘nobody’s case’
J


Hence suggested; always take a pasue, frame thoughts then give one good advice and never seek afterwards 'justification' to what you advice in public forums.

You =  generic

[Last reply]


(Guest)

I admired........thanks for the reply sir.


(Guest)

@Author,

Your FIL is in self locked loop. If he proves that he gave 30 lakhs in white money, or if he cant prove that he spent/give this much money- In both these cases he will be caught. If he proves not given money, you can file defamation against him. If he proves he gave money but it is black, then TEP. If he proves that he gave money (white one), DP act 3 will attract him(ofcourse in such case you will also be trapped for taking money)

So wait and watch and act at right time so that your FIL is completely locked.

Sudhir Kumar, Advocate (Advocate)     25 September 2013

not so easy as Member deleted account said.


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