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Exchange rate and interpretation of us tax

(Querist) 05 April 2012 This query is : Resolved 
Hello Experts,

Wife claimed Rupeees amount in May 2010 saying that was taken by husband from her earnings in US. Her actual US salary is very less as per her payslips and income tax statements. After 2 years to justify her amount wife is using mArch 2012 USD exchange rate and misinterpretating US income tax return in court.
How to deal with this situation?
ajay sethi (Expert) 05 April 2012
you have to show that exchange rate of US dollars in 2010 was ______.

if husband had taken earnings in 2010 and wife had claimed said amount in 2010 she cannot rely upon 2012 rates to justify her claim made 2 years earlier.
Raj Kumar Makkad (Expert) 05 April 2012
Law is nothing but a common sense. Court shall also rely upon the same weighing machine was was available to measure the weights of 2010.
Shonee Kapoor (Expert) 06 April 2012
There is a some confusion here:

The maintenance/ claims for a foriegners has to be based on purchase power parity. The same principle has been upheld by both Delhi and Mumbai High Courts.

However, this principle doesnot relate to money owed/ taken from which needs to be restored. The date of settlement would be the date of deciding how much is owed and need to be restored.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF (Expert) 06 April 2012
Clarify with court the exchange rate, if misrepresented by wife.


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