Complain before income tax department


Respected Experts,
Kindly advice me in this case.
One of my friend who is a social activist and he had made several complains to Income Tax Departments and other Government Institute against coal mafia and the anti social activities and also made a Public Interest Litigation case in High Court in 2009. After that Income Tax Department had served him a notice after 5 years of the complain u/s 131 & 133(6) of Income Tax Act 1961 to produce documents and evidence and physical presence before Assistant Director of Income Tax (Investigation), and asking to produce the documents which will prove that the alleged coal mafia has evade the tax and his source of income is not traceable or he had violate any of the provision of Income Tax Act. Under Such circumstance being a Whistle blower and responsible citizen of country he had done his duty, then why the Income Tax Department want his presence before Assistance Director (Investigation), The Department should investigate the case and find out the truth on the complain instead of harassing the complainant.
Please provide your valuable advice in this regard and is there any way to get rid over the complain because he is suffering from mental pressure by complaining to the Department because Instead of investing the Department asking him to provide a strong reason to capture the evader of tax i.e. Coal Mafia.
Thanking you.

 
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Retired employee.

A complaint should always be backed up with atleast prima facie evidence and mere assumptions and allegations against individuals amount to invasion on privacy and harassing citizens.  There should be some evidence to substantiate any complaint, and if it is not backed up with evidence, complaint is bound to be answerable under law for baseless allegations and defamatory comments.

Even in absence of some primafacie evidence, dept., can not proceed on a mere complaint.  A whistle blower must be aware of these fundamental facts.

There is nothing in calling the complainant to know first hand information and eliciting from him those things that can not be reduced in writing for personal security and other reasons.

So asking complainant for hearing need not be seen as harassment, but an effort to find out the truth.

 
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Advocate

Whistle blowers face much more worst fate than what your friend is facing now.  No doubt there should be prima facie evidence to establish tax invasion,but the IT authorities have different strategies to find out the actual facts.  This may be the brain work of some corrupt higher official in order to save the so called mafias as a return gratification for the consideration received.  No use fighting it or escalating the issue to higher authorities because who knows what is in store at that place.

 
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