letter dated 25-10-2004 to CIT-Appeals XVII

By Speed Post

PANKAJ S MODY

C/O SHRI S S MODI

40 BMM SOCIETY

PALDI ,

AHMEDABAD 380 006

Email id : psmody@yahoo.com



October 25, 2004



The Commissioner of Income Tax-Appeals (XVII)
Nature View Building

Near H K House

Ashram Road

Ahmedabad



Respected Sir,



Sub: the appeals pending before you as regards to personal as well as HUF for the assessment year 96-97 and 97-98 fixed for hearing on 26-10-2 004

Reference :- my earlier correspondence letters dated 18-08-2004 and 24-02-2004 .





1. This is in reference to above the hearing fixed on 26-10-2004.

2. I am unable to take out some of the relevant files as the residence of my my parents is closed as my mother is being operated . Hence, kindly grant a fresh date after two weeks as till then I would not be able to appear before you.

3. In light of my above letter dated 18-08-2004 , I once again humbly request you to arrange for appellate orders passed in case of my wife Mrs S. P. Mody and my children as the facts and circumstances of the case are identical and my family members are not extending cooperation as informed to the department as well as to you during the discussions.

4. I fail to understand as to how the appellate orders have been passed without collecting necessary facts by collecting necessary documentary evidence and recording statement of Dhanyushya Financial , Jatin Jalundhwala, Mr. Saurabh Soparkar, Mr. Hemant Kashiparekh and M/s Shah and Shah Associates especially when my family members had specifically requested the –then assessing officer. It is absolutely clear that some one from the department is protecting these persons even if it results in loss of revenue from these persons/companies/tax advocates/chartered accountants.

5. You would appreciate that , the department needs to extend full cooperation as I am the one who is the informant-cum- whistleblower of tax evasion and it is necessary that all the facts and documentary evidence are furnished to me in view of natural justice, equity and good conscience.

6. Human consideration and approach need to be followed by the income tax department as under no circumstances the right to information can be denied to me in a democratic country as it unnecessarily involves cost of litigation, hardship to the assessee and this is nothing but barbaric methods being employed in a civilized society to use methods of coercion to extract taxes by hook and crook from the citizens of the country.

7. In case you are facing some hurdles , it would be better that you write top Prime Minister of India and make representation to him that the circumstances require to have transparent approach even if it may involve exposing the misconduct of the officials involved in the assessment as well that of Investigation department. It is natural to expect such respect and conduct from the top officials of the Income tax department.

8. As the assessing officer and his peers as well as his superiors has used means of coercion to extort taxes from my family members on my complaint against some of the senior officers of the department to the Central Vigilance Commission , I do not have any option but to mark a copy of my present letter to the President of India presidentofindia@rb.nic.in as well as to the well known columnist of Indian Express Tavleen Singh at tavleensingh@expressindia.com

9. In the wider and broader interest of revenue , it is necessary that you call for complete documentary evidence from Mr. Jatin Jalundhwala , Mr. Hemant kahiparekh , Mr. Saurabh Soparkar and M/s Shah and Shah Associates without any further delay.

10. You may have a look at some of the correspondence with the income tax department by visiting site http://www.intad.blogspot.com and excerpt of book published by media which deals with the state of affairs in the income tax department as referred in the link http://www.redtrapism.blogspot.com

11. I look forward to your whole hearted support and cooperation and I would prefer reply to my email address as I do not have any correspondence address for about a fortnight as my parents would not be available at the above residence so that they can inform me.



YOURS sincerely,



Pankaj S Mody