5. Further careful perusal of the FIR & Attached Complain letter (Annexure-1)on which
FIR has taken place, hints provision of section 68,69,69A, 69B, 69C & 69D
under Income Tax Act of 1961 are applicable on Shri Prasanta Sircar and
‘Smt-Moumita Sirear as far as in my knowledge. However there may be many other
Provisions of income tax which is best known to Honorable Income tax authority,
6. The section 68 deals with cash credits proving identity of the creditor, capacity of the
creditor, genuineness of the transaction are the important things of this section, Section
69 & 69A, B deals with unexplained investment, unexplained money & investment not
fully disclosed in books of accounts.
7. Section 69C deals with the unexplained expenditure, the important requirement of
this section is that an expenditure has been found to have been incurred by an assesses
in any financial year and the assesses fails to indicate satisfactory source of such
expenditure.
8. As Prasanta Sirear has never filed income tax returns between 2000-2014 as per
ITO ward 50(1) based on reply to my RTI attached as annexure-13, while
admitting that he gave dowry articles worth 40 lakhs in his daughter's
marriage as per his statement in charge-sheet and information given in FIR
filed by his own daughter Sirsha Sircar through complaint letter in her own
handwriting based on which charge-sheet was filed.
Italso calls for proceedings of prosecution under Income Tax Act section
276C(2) - Wilful attempt to evade payment of any tax, penalty or interest
(non-cognizable offence under section 279A),
And Prosecution under :
276CC - Non filing of ITR,
270A(1)-Under-reporting and misreporting of income
271(4)(c)- Concealment of particulars of income or fringe benefits or
furnishing of inaccurate particulars of income or fringe benefits
234 F -Default in furnishing return of income within time
Ete, and any other sections better known to your department based on the
information provided.