Cash as dowry- how to counter

zz

I am facing false dowry charges. Opp gang are all CAs (Charted Accountants). What they have cooked up (though a lame allegation):- Relative-A appeared as witness and submitted that Reative-B has given money (6 lac on two different dates) to me AS CASH upon my dowry demand. To corroborate it, he has attached CAPITAL ACC. STATEMENT of Relative-B.

I am relieved that they do not have any solid proof as no CHECK OR DRAFT has been ever received by me during the married life. How to corner him the best in cross-examination? I have 1 wk time to prepare:

1) Can I ask for bringing ledger, pass book, cash book, ITR or anything such like papers of Relative-B?

If yes, is it possible to put some application b4 the court so that judge does not brush aside the demand?

Or make some cross-questions in a way that this document loses its shine.

2) It is a computer generated document which is bearing signatures and stamp of Relative –B who is also a CA. He has mentioned : date/Rs 3 lac given to Mr Husband. (Repeat, next date)

3) Is there some rule in IT-Act that money above XX amm has to be given in the form of CHK/Draft only. Being CAs they are manipulating the game. Though I am on safe sde to the larger extent, but I want to corner him to the end of wall.

Members plz suggest best ways out. Thanks

 
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Hi, I am not a tax expert, but I can understand that this claim of a firm has no DUM ! You can ask them the documents which they must have produce against those expenses to their auditors. keep insisting on it !

Also file a formal complaint to the Institute of Charterd Accountant, so that if this proves false, his certificate can be cancelled forever !

-Varun

 
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zz

Thanx dear for reply. More inputs are needed.

My approach is aggressive. Not mere escaping from it. I want to push this fellow to the edge. After I put up a good defensive show in my court case, I will surely file formal complaint with governing body too.

Plz guide me:

1) What document/ submission to ask for in the court exactly

2) How to compel him to bring it, any CPC order/rule of some help

 
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Hi Rajiv, I agree with you, why not you post this in the CA forum? they can guide you better about the documents and consequences of his false claim.

 
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zz

Yes dear, but this platform has more experienced fellows apart from CAs
 
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IT professional Studying Law

@Rajiv , you be the judge and decide. I have a CA statement where in it is clearly mentioned that i paid you 50 lakhs.What will be your next question?

1) Can I ask for bringing ledger, pass book, cash book, ITR or anything such like papers of Relative-B?-> Yes you should.The mantle to proof that they have paid you will be on them.They need to proved that money indeed changed hands via a established mode bills/invoices/receipts/cheque

If yes, is it possible to put some application b4 the court so that judge does not brush aside the demand? -> You should counter saying that these are malicious and baseles allegations on you.

Or make some cross-questions in a way that this document loses its shine. -> Your have already eroded the shine but not confident enough.

2) It is a computer generated document which is bearing signatures and stamp of Relative –B who is also a CA. He has mentioned : date/Rs 3 lac given to Mr Husband. (Repeat, next date) -> They need to prove that you demanded dowry and they paid you via a mode which can be proved.

Normally in any well prepared ledger you will have host of information pertaining debit mode unless it is BLACK MONEY.

3) Is there some rule in IT-Act that money above XX amm has to be given in the form of CHK/Draft only. Being CAs they are manipulating the game. Though I am on safe sde to the larger extent, but I want to corner him to the end of wall.  -> Answered above.

Let them know that you will file prejury cases on them for preparing a false CA sheet.

 
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zz

Thanx a ton dear.

Being a layman as far as accounts are concerned, what i want to know is:

* What books exactly they r supposed to maintain/show if they claim that this money was given 2 me. What are they called... like 'ledger-book or cash-book or balance-sheet'. Tell me where is the jugular

* Is it necessary that they have to show it in the ITR too?

* Is it necessary that they have to reflect in in some audit? (they have registered CA-firm)

 
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IT professional Studying Law

I'm not your dear mate... cheers ... any further queries.. feel free to post a PM.

 
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zz

Sorry for addressing u as 'dear'

Members, my last post still needs answers. Plz help further. Thanx

 
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