letter to ACIT ,RANGE 8 DATED 26-3-04
By hand delivery
P S MODY
C/O SHRI S S MODY
40 BMM SOCIETY
PALDI
AHMEDABAD 380 006
26-03-04
The Assistant Commisioner of Income Tax, Range 8
Ajanta Chambers
Ashram Road
Ahmedabad
Sir,
For: Kind attention of Shri Sanjay Deshmukh
Subject:- Your notice u .S 133(6) dated 5th March 2004 received after
9th March that is on 15th March 04 and my discussions with you on 16th March 04 as regards as the assessment of
Rupmangalam Investment Pvt Ltd for the assessment year
95-96, 96-97, 97-98.
Reference letters:- my letter dated 19-3-04 , 10-01-03
1. Please refer to my detailed reply dated 19-3-04. As you are well aware, after submitting the above quoted reply dated19-3-04, I had personally and voluntarily attended before you to explain the entire position in details, with a hope that you would take prompt necessary action against all the concerned assesses including Span Medicals, Dhanyushya Financial , Soparkars, Kashiparekhs, Jalundhwala ,etc in the interest of revenue especially when I had explained all the particulars to your predecessor Mrs Smiti. Samant ACIT, Range 8 vide my letter dated 10-01-03 and had explained all the particulars.
2. I feel happy to note that you heard me positively , however, I may state that you had requested me and also persisted in asking me to sign certain writing as made by you in the “order sheet” once again (previously 16-3-04) inspite of my furnishing various documentary information and oral explanation. As far as I remember you have made me to sign on your writings as under:-
“ Shri Pankaj Mody attended. He was asked to explain the taxability of Rupma Bunglow to the assessee Rupmanglam/Span Medicals. Shri Pankaj S Mody has given particulars of charge being created on the asset to GTB (Bank) in A.Y. 99-00 .The same shall be verified for that year. He is heard.” Dated 24-3-04
3. I had added my own comments and some of them are reproduced below:-
My some of the immediate observations noted were: “ (a) detailed findings have not been made available to me… (b) the matter is sub-judice in the court under suit 5827/01 and at this stage, I cannot make any comments.”
4. By this letter, I request you not to ignore the contents of my letter dated 19-3-2004. I feel that it would be in the interest of both justice and revenue for you to reproduce the entire contents of the three page letter 19-3-04 and 10-3-03 in your assessment order so that the higher authorities may not find difficult to adjudiciate in the appellate matters in the interest of justice, equity and good conscience , in case, if necessary . Sir, Please note that any failure on your part to do can be construed as causing injustice to me and favour to the tax defaulters and evaders.
5. Sir, I hope that you will take this letter in right spirit in the interest of justice and do the needful in the matter at your earliest.
6. Kindly acknowledge the receipt of this letter.
Yours faithfully,
Pankaj S. Mody
P S MODY
C/O SHRI S S MODY
40 BMM SOCIETY
PALDI
AHMEDABAD 380 006
26-03-04
The Assistant Commisioner of Income Tax, Range 8
Ajanta Chambers
Ashram Road
Ahmedabad
Sir,
For: Kind attention of Shri Sanjay Deshmukh
Subject:- Your notice u .S 133(6) dated 5th March 2004 received after
9th March that is on 15th March 04 and my discussions with you on 16th March 04 as regards as the assessment of
Rupmangalam Investment Pvt Ltd for the assessment year
95-96, 96-97, 97-98.
Reference letters:- my letter dated 19-3-04 , 10-01-03
1. Please refer to my detailed reply dated 19-3-04. As you are well aware, after submitting the above quoted reply dated19-3-04, I had personally and voluntarily attended before you to explain the entire position in details, with a hope that you would take prompt necessary action against all the concerned assesses including Span Medicals, Dhanyushya Financial , Soparkars, Kashiparekhs, Jalundhwala ,etc in the interest of revenue especially when I had explained all the particulars to your predecessor Mrs Smiti. Samant ACIT, Range 8 vide my letter dated 10-01-03 and had explained all the particulars.
2. I feel happy to note that you heard me positively , however, I may state that you had requested me and also persisted in asking me to sign certain writing as made by you in the “order sheet” once again (previously 16-3-04) inspite of my furnishing various documentary information and oral explanation. As far as I remember you have made me to sign on your writings as under:-
“ Shri Pankaj Mody attended. He was asked to explain the taxability of Rupma Bunglow to the assessee Rupmanglam/Span Medicals. Shri Pankaj S Mody has given particulars of charge being created on the asset to GTB (Bank) in A.Y. 99-00 .The same shall be verified for that year. He is heard.” Dated 24-3-04
3. I had added my own comments and some of them are reproduced below:-
My some of the immediate observations noted were: “ (a) detailed findings have not been made available to me… (b) the matter is sub-judice in the court under suit 5827/01 and at this stage, I cannot make any comments.”
4. By this letter, I request you not to ignore the contents of my letter dated 19-3-2004. I feel that it would be in the interest of both justice and revenue for you to reproduce the entire contents of the three page letter 19-3-04 and 10-3-03 in your assessment order so that the higher authorities may not find difficult to adjudiciate in the appellate matters in the interest of justice, equity and good conscience , in case, if necessary . Sir, Please note that any failure on your part to do can be construed as causing injustice to me and favour to the tax defaulters and evaders.
5. Sir, I hope that you will take this letter in right spirit in the interest of justice and do the needful in the matter at your earliest.
6. Kindly acknowledge the receipt of this letter.
Yours faithfully,
Pankaj S. Mody
posted by mody at 3:57 PM
<< Home