LETTER ADDRESSED ON 26-3-2004 TO TAX RECOVERY OFFICER

P S MODY
C/O SHRI S S MODY
40 BMM SOCIETY
PALDI AHMEDABAD

26-3-04


The Tax Recovery Officer,
Range 11, NarYAn Chambers
Ashram Road
Ahmedabad


Sir,

Sub:- Recovery of tax demand from the undersigned in view of my earlier
Dated January 29,04 addressed to you.
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1. This is in reference to the tax recovery proceedings initiated by you against me and my correspondence pending by you.

2. In my letter addressed to you, I had specifically referred to attach the assets of Rupmanglam investment Pvt ltd.

3. I understand from the office of the Additional Commissioner of Income tax, Range 8 , that the assets of Rupmanglam Investment Pvt Ltd has been transferred to Span Medicals by way of amalgamation and now the assets have stands in the name of Span Medicals.

4. In view of my earlier letter addressed to the office of ADCIT-Range 8 in January 2003, they have ignored to take up the issue of reverse action of illegal amalagamation by taking steps against Span Medicals, soparkars, kashiparekhs ,Jalundhwala ,etc. This means that their office has connived the party in stealing the assets of the property even after their full knowledge and their by deprived my legitimate rights as well as legitimate revenue of Government of India and thereby increasing the complexities

5. I am sure that you would like to protect your self . You can do so only if you , take proactive steps as otherwise you would mess up your retirement years. One learns from wisdom of one spoiled egg in the basket spoils all the eggs in the basket. On account one crooked Handa- a great bank robber, has affected so many including the undersigned. The only thing , I am lucky enough to realize it and no one can raise a finger against me. for recovery of taxes from me.

6. In order to protect yourself as well as the interest of government of India, you need to take up the issue with the office of ADCIT, Range 8 by taking initiative today itself and advise them , that you would not have any alternative but to take steps against the ADCIT-Range 8 for permitting the stripping of assets Rupmanglam and Flovin to Span Medicals inspite of the letter from the undersigned to the ADCIT, Range 8 in January 2003.

7. You shall also get in touch with the Official Liquidator of Companies situated at Jivabhai Chambers that you have reason to believe from the Suit filed by P S Mody in Civil Suit 5827/01 that Dhanyuhsya , Mr. Jalundhhwala have failed in furnishing the ownership particulars including their advocates Mr. Soparkars.

8. You shall convey to the official liquidator that this is a fishy matter and needs to be investigated thoroughly by the official liquidator getting in touch with the Supreme Court of India as well as the President of India and the Finance Minister of the country.

9. It is needless to state that , I do not have any alternative but to disclose the contents of this letter to various authorities to prevent any negligence on your part, which please note.

10. Even if the official liquidator of companies has completed all formalities of liquidating the companies, you shall advise him to take stern action against Mr. and Mrs. Soparkar who have made application on behalf of their client Span Medicals and others to amalgamate the companies so as to hide their illegalities associated in covering up the banking frauds and tax frauds.

11. The present letter is being marked to media and other investigating authorities so as to increase your vigilance and alertness . None of your bosses can save you. You need to save yourself by getting into quick sand. However, it is left to make a choice on your own.

12. You are advised to take all other appropriate measures against the bankers , that is Global Trust Bank by obtaining and attaching all the records of Dhanyuhsya Financial <>

13. It is possible that the methods employed by Mr. Soparkar may be just tip of the iceberg.

14. I hope you understand the urgency and seriousness of the matter. Please note that as per article in Economic Times , One of the chartered accountants associated with Handas has burnt his fingers on account of association with Handas. 15. I am sure that you would not like to destroy your family on account of negligence on your part especially when you would be retiring shortly. 16. Kindly acknowledge receipt of the letter and furnish detailed reply.

Thanking you .

Yours sincerely,

P S MODY

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