False returns under fema act
Dr C Suresh
(Querist) 14 October 2014
This query is : Resolved
It has come to my knowledge recently that some educational society members filed false returns from 2004 to 2010 under FEMA Act showing my address and bank account operated by me as recipient of foreign exchange. This wrong returns were filed to cover up their money laundering activities thru different other bank accounts operated by them. Can I file an FIR and if yes under what sections.The society bank account operated by me was closed in 2003 itself and I had no position in the society since 2003.
ROHIT SHARMA
(Expert) 14 October 2014
1. The fact that you have had closed the said society bank account in 2003 after you has given up your position in such society and till then you had been filing regular returns then the filing of the returns by the other members of such society after 2003 to 2010 is unlawful by using an bank account number which is invalid and void after the closing of such account by you then obviously they have stolen your identity and using the evidence of the bank account known to be invalid and false and making false statement in declaration which is by law receivable as evidence which is a criminal offence punishable u/s 199 of I.P.C.
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Rajendra K Goyal
(Expert) 14 October 2014
If it was money laundering activity, you can inform the Reserve Bank the full matter. If Bank was also indulged, inform accordingly.
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
You said that they have been using your account details from 2004 to 2010,but what were you doing after it came to your notice so far? This appears to be a case of money laundering, hence it is always better to inform the police about the criminal activities with the name of the suspect so that you are not held liable at a later stage is a very serious scam is unearthed.
