REPLY TO TAX RECOVERY OFFICER ON 27-01-2005

By HAND DELIVERY

PANKAJ S MODY
C/O S S MODI
40 BMM SOCIETY
PALDI,
AHMEDABAD 380 006

27-01-2005

THE TAX RECOVERY OFFICER
RANGE-11, ROOM –111,
NARAYAN CHAMBERS
NEHRU BRIDGE CORNER
ASHRAM ROAD
AHMEDABAD


SIR,

YOUR REFERENCE : NOTICE PF THE DEMAND TO THE DEFAULTER IN RESPECT OF TRO-11/2004-05 180/04-05 FOR VARIOUS ASSESSMENT YEARS in RESPECT OF MY INDIVIDUAL ASSESMENTS AND HUF ASSESSMENTS

1. This is in reference to the above referred notice served by you.

2. It is abundantly clear that you have not referred earlier correspondence letters addressed to you the Office of Tax Recovery Officer earlier dated 29-01-2004 and 26-3-2004 .

3. I am sorry to say that the Office of Tax Recovery Officer has failed to give any detailed explanation as well as taken by you in this connection.

4. I have also made it very clear vide my para 5 of letter dated 29-1-2004 that “In absence , of your detailed reply, evidence, etc from you as well as concerned department officials , it would be construed that your demand is purely on presumption and is without any justification.”

5. It is necessary that you take action against the predecessor Tax Recovery Officer and other officers of the department for not attaching the assets of Rupmanglam Investment Private Ltd for recovery of taxes , if any, in light of my letter dated 26-3-2004.

6. Kindly furnish a copy of entire correspondence done by the income tax department with auditors , persons , Liquidator Of Companies,etc and furnish a copy of same to me . In case you fail to do so , you as well as the department would be responsible along with others to help them steal and loot my rights , titles ,etc. You are required to see that my rights gets restored in totality. This is in light of my being informant to the Investigation department of the Income tax department and the negligence of the Income tax department negligence to carry out necessary steps in the interest of revenue inspite of the letter issued by the Director General of Income Tax-Investigation vide his letter dated September 19,2000. It is therefore necessary that you first attach and acquire the immoveable property owned by Rupmanglam Investment first as well as the share certificates and transfer deeds of same by getting in touch with Dhanyushya as well as Jatin Jalundhwala to protect the interest of revenue before proceeding with recovery proceedings from me. .

7. Your office as well as the Commissioner of Income Tax has been already conveyed valuable information furnished to attach and acquire the bunglow No 1 as called Amrashagun in RamdevNagar near Satyagrahchavni. Para 3b of the letter dated 29-1-2004.and the office of Tax Recovery has failed to carry out its duty in the interest of revenue while keeping my rights in tact. It is absolutely clear that the department is openly shielding the acts of all the concerned assessing officers while totally ignoring the interest of Revenue of the Income tax department and thereby OPENLY BEING DISLOYAL TO THE INTEREST OF REVENUE OF THE INCOME TAX DEPARTMENT . Your failure to give a detailed prompt reply would confirm that you as well as the concerned past and present tax officials are disloyal as well as traitor to your own department as well as to the Government of India which please note. It is necessary to note that in absence of 37 I permission by Nishit Pethalji Chavda the entire sale deed is void –ab-initio as per the Income Tax Act . Henee , it is necessary that you attach and acquire the said Amrashagun bunglow first before taking any further steps. .

8. You have been also conveyed to hand over the amount of tax collected from my wife and children and hand over the same in light of series of letters written to the concerned Commissioner of Income Tax in light of para 3b of my letter dated 29-1-2004.

9. Further, it is illegal to issue notices and claim demand without verifying the facts internally. I am not supposed to spoon food details to you as regards to the details already in possession with you to protect the interest of revenue before initiating recovery proceedings against me. Kindly use your Head and Heart to protect the innocent while use your brains to catch Sushil Handa who has robbed financial institutions to the extent of Rs 750 crores.WHILE EVADING TAXES IN CRORES . You as well as the department are penny wise and pound foolish. .

10. .I also understand that in case of my wife and children , the CIT (Appeals ) has passed adverse orders against the Assessing Officer. Kindly see that the amount of tax so collected by you is illegal and I have a claim of the amount and you would see that the amount is paid to me forthwith in light of my earlier letters written to Commissioner of Income Tax from time to time.

11. Please note that over and above my earlier correspondence resting with the Office of Tax Recovery ,YOUR FAILURE TO GIVE DETAILED REPLY TO PRESENT LETTER l would tantamount to USE OF COERCION AND EXTORTION FROM YOUR SIDE IN GUISE OF RECOVERY PROCEEDINGS and hence illegal and you would be personally responsible for any kind of damage to me which would include defamation and I would be at liberty to take appropriate legal steps against you and the Income tax department.

12. I am marking a copy of your notice to the Central Vigilance Commission as well as my earlier correspondence to the office of the Tax Recovery Officer and the income tax department to the media by posting the same on the archives of my site http://www.intad.blogspot.com
.
Thanking you.

Yours sincerely,

Pankaj S Mody


Annexures My letter dated 29-1-2004 and My letter dated 26-3-2004.to the Office of Tax Recovery for ready reference .