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Ravi (a)     30 May 2014

Can i file tep?

hi,

1. father in law is not working at all
2. mother in law is a house wife
3. my wife was working on a contractor job.
4. they filed in dvc and 498a that they sold the house to give us dowry. the house cost is 3 lacs and the dowry they claim is 6 lacs. can i file TEP against my wife and father in law to check their claims as mentioned in the FIR and chargesheet. i dont have any information about PAN of my wife and fil. they dont have it actually.

kindly guide me.



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 20 Replies

Kaatu Poochi (Kaatu Poochi&Co)     31 May 2014

Yes sir you can file the TEP Tax evasion petition.

adv.raghavan (Advocate,9444674980)     31 May 2014

It is better to concentrate on cases in hand rather  than to go for new or counter cases against the defacto complainant. If you proceed by your TEP, you  are inviting problem and it will be counter productive.

Ravi (a)     31 May 2014

Thank you sir. I dropped the idea of tep.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 June 2014

TEP has put a lot of pressure on out-laws. Why would it invite problems for you, I fail to understand?

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Ravi (a)     01 June 2014

Hi,

Adv. Raghavan sir mentioned it is better To look at the defence part of the case than file counter cases like tep.

 

Pl advise what would be my steps.

borntofight (self emp)     01 June 2014

 One of advocates with whom I interacted  also doesn't encourage to go for TEP. What are the negative and positive aspects behind it? 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 June 2014

I don't know the negative aspects of it. Because all TEPs would mention, "as per the allegations levelled by his own daughter". 

 

In my case, my ex-Father-out-law was slapped a penalty of Rs. 2.21 lakhs. Here is the news item w.r.t. the same

https://khabar.ibnlive.in.com/news/49257/1

 

Also, in few other cases I know, people have been slapped with recovery notice ranging from Rs. 2 Lakhs to Rs. 80 Lakhs. And in few other cases, I know the out-laws facing heat from Income Tax Department has settled matter for much less than they would otherwise had.

 

Secondly, it is a case which would be made by Income Tax Department against the out-laws, so you are merely a complainant and nothing more than that. You have no role thereafter, so you don't expand your energies, while they go in defense mode.

 

I would be keen to hear about the negatives unless you yourself are horder of black money etc.

 

I have seen TEPs/ Complaints to Sales Tax etc working in favor of accused more than any other thing.

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Ravi (a)     01 June 2014

Hi,

Thank you. Even if father out laws pay 2 lakhs to 80 lakhs as penality, how this is going to help in the cases against us by wives?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 June 2014

Guess, whether they are ready to pay such amount. It is called collatoral damage. The war is won by inflicting damage on the other party too.

 

 

 
 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

 

Ravi (a)     02 June 2014

ok thank you. pl let me know the format of the TEP application.

also, where should i file this application? in the same city where my wife stays with her parents and the dv/498a cases are running.

my inlaw got married off their two daughters in the same financial year. if they are claiming 6 lacs dowry for her elder daughter, same must be possible for her second daughter. 12 lacs just dowry + expenses = roughly 15 lacs. is this situation ok to file TEP?

 

also, let me know how to follow up after TEP is filed by me.

moreover, if supposing my inlaws tax penality for whatever amout, doesnt this mean that they have given dowry?

regards,

Gautam Kapoor (IT professional Studying Law)     02 June 2014

Mr.Shonee is right.

There are no known negative aspects to filing TEP,if they are i shall be glad to update my knowledge, but mind you it is a slow and sometimes a painstaking process but well the effort.

It is part of your defence to prove that they could not have afforded to pay this alleged amount.Pay heed to ”could not have”.If they did ... was it black money then collateral damage comes in read pending tax.

Steps

1.Approach  IT dept by filling a tax evasion petition  with the certified copies of the  alleged dowry list

2.Then file a RTI to know the status of the TEP.

How you file

https://archanafoundation.blogspot.in/2012/03/tep-tax-evasion-petition-against-498a.html

Ravi (a)     02 June 2014

Thank you so much!

1. where should i file the TEP? in the city whe the wife is residing currently or in my city where i am working.

2. any links to know those who filed TEP and received success.

3. in the fir/chargesheet, they mentioned their house sale deed at the cost 3 lacks and the dowry given is 6 lacs. in the same financial year, they married off the 2nd daughter. they have one house where rent is coming and two or three shops they are getting rent. let me know if i can mention this.

regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

Ravi,

 

I myself has filed successful TEP. You can get the format by writing to me at harassed.by.498a@gmail.com

 

 

 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

Ravi (a)     02 June 2014

thank you sir.

somebody sent me this link for the format. https://archanafoundation.blogspot.in/2012/03/tep-tax-evasion-petition-against-498a.html

pl check if this is true.

many folks repeatedly mentioned that 498a and TEP are not connected to each other. IT dept wont respond well anything below 10 lacs and it is difficult to hit win. the drawback is that it will backfire also but not sure how.

regards


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