Unfair Investigation of Tax Evasion Petition by IT officers

Can anybody pls let me know the redemdy?

You can obtain details of the assessment proceedings of the person against whom you have filed Tax Evasion petition and if you can prove with authenticity that the assessment made is grossly understated, then you can write to the Central Board of Direct Taxes direct. Even if it entails in no action, you cana go in for a Public Interest litation. But all said and done you should taked every care to establish that your claim is authenticated and foolproof.

Take care Mr legal fighter while proceding on such imature advice. Now a d days High courts and Supreme court ARE penalising such PIL litigants with heavy costs in  LACKS.

It is tarue that Courts tend to inflict exemplary cost on litigants involving frivolous and vexatious appeals. But what was suggested was that the litigation should contain bonafide information which can stand to the hilt any test of law. It wqas subject to this holding that a suggestion was made, which has been  unfortunately dubbed as imature (immature) without appreciating the back ground of the suggestion, by such a respected legal luminary..

Yes it is imature advice since it is just impossible to get all the financial information and so just alleging that somebody is evading IT than it amount to BLACK MAILING if you go on claiming that somebody is evading incometax without documents.

Morever the Income tax dept have now most  modern capabilities to capture all high value transections and all information of high value transections is available with them.

You should not make allegations like bribary so cassualy unless you have got the proof.

You cannot approach the high court for initiating action by the income tax department against a third person unless it is a matter of public interest. When  you want action against a person who is making evasion of tax,  by Income Tax Department,(may be out of some personal grudge) it cannot be termed as public interest.

i have seen some cases where action is initiated by the deptt on tax evasion information by some person. But its upto the department to take the appropriate action.

The so called tax evasion petition is just an information to the department. The informer have no right to file an appeal etc against the action initiated by the department on the basis of information received.

Please check the nature of information you are providing. Is it specific or trivial and general in nature? You can enquire status of your complaint by writing to respective Director General Investigation where you have filed your complait.

Mind it no tax evasion petition can just be closed by Investigation wing and it needs approval of atleast two authorities. If you are sure of correctness and effectiveness of you information, send a tax evasion petition directly to the Finance Minister and CBDT unless you believe that the person complained against is so influential that he can manage at these levels also.

Personal grudges should not be settled using courts and authorities in garb of public interest. There may be few black sheeps in the department but in these days of public awareness and systems, it is not easy to brush aside a specific information.

Before anybody suggests RTI route, please note that Investigation Wing of the IT Dept has been taken out of the RTI purview.