letter to assessing officer -11(2) dated 12-9-05

Hand delivered on 12-9-2005 to the Income tax office at Narayan Chambers.

From:

Pankaj S Mody
C/o Shri Suresh S Modi
Janmangal Apt ,
2nd floor
Paldi ,
Ahmedabad 380 006



DATED 12-9-2005


The Assessing Officer , Ward 11 (2)
Narayan Chambers ,
Ashram Road

Sir,

This is in reference to your communication dated 1-9-2005. At the outset let me make it clear that I do not have any taxable income and nor am I in position to engage services of a tax consultant.

I humbly request you to provide detailed findings as well as action taken report in light of my various letters addressed to the predecessor assessing officers as well as to Tax Recovery Officers and others especially when he matter is pending since long. Amongst various issues , I have referred to the statement made by assessing officer for assessment order passed in March 2002 and the same is referred as under:- - “Details were calledfrom Dhanyushya as all the details are in its possession in respect of transfer ofshares. Details have not been received from DFPL and hence it is not possibleto give finding in respect of exact date of transfer of shares along withcompleted share transfer deed.” Primarily it is duty of the assessing officer to collect such information from the other parties with a view to provide natural justice to me. Till date , the office of Assessing Officer has not done this for obvious reasons of extending favour to Dhanysuhsya and connected associated persons. It is also apparent from the audited balance sheet of Dhanyushya for the period ending March 31-3-97 that , they do not own any of my shares of Rupmanglam and Flovin as the same is not reflected in their balance sheet.

You would appreciate that I have my natural as well as fundamental right to Information and as long as you do not provide detailed findings , it is not proper on your part to call for any information from me. Besides there is on going inquiry by Police Authorities of Gujarat in light of my complaint and hence you cannot demand cooperation from me till you furnish detailed findings and permit me to cross examine Dhanysuhaya.

Amongst various letters addressed to Assessing Officer as well as to the tax recovery officer from time to time , kindly refer my letter dated 17th Oct 2003 addressed to the Assessing Officer. Till date , I have not received any reply from your end in this regard. This is not fair and besides your indifference shows that the assessing officer lacks sensitivity for the common citizens.

When the information has not been received , with a view to provide natural justice , it becomes your responsibility to collect the details from Dhanyushya as assessing officer and if you fail to do so then it is either deficiency in services and/or that you are extending undue favour to protect Dhanyushaya , their directors , chartered accountants as well as tax advocates This would naturally attract provisions of Corruption Act against all the concerned officials of the Income tax department .

I have been advised by letter dated 26-12-2000 ( HQ.III/101-M-26/Form.No.34A.AR.8/2000-2001 from the Commissioner of Income Tax –III (P C Verma) , Ahmedabad that the assessing officers have been given appropriate instructions. Please let me know the circumstances under which the income tax clearance certificate was given in a hot hurry and the steps taken by you to attach the bunglow for approving sale consideration which is lower than purchase price and when there 37 I permission has not been obtained.

I am marking a copy of present letter to concerned authorities as to why action should not be initiated against you for extending favour to Dhanyushaya and its directors, chartered accountants, tax consultants and escrows by furnishing their reply to me , in case you do not furnish satisfactory detailed findings and action taken report against this group. You must be aware that the action has been initiated against the management of Core Health care and others by Anti Corruption Bureau in light of directions given by the Sessions Court.

It is in your interest to rectify the situation by taking suitable action and reporting findings and avoid having herd mentality. In interest of natural justice , it is necessary that you furnish the detailed findings to me at my email address. I reserve my right to raise other issues at a later stage as and when necessary.

Kindly furnish detailed findings and action taken report to the undersigned at my email address modyps@gmail.com and to the Home Department pshome@gujarat.gov.in forthwith so that various provisions of extending favour to Dhanyushaya are not attracted against you. In case,you fail to furnish such information to me and the Home department forthwith , then various provisions of extending favours to Dhansyuhsya , their auditors and tax consultants and directors,etc would be applicable to you, which please note. I do hope that you would not like to be placed in such an embarrassing situation for deficiency in services on your part. A copy of present letter is being sent to them for their knowledge and action in case you fail to furnish such details to them.

Thanking you.

Yours sincerely,

Pankaj S Mody

Enclosure:-

1. Copy of audited b/s of Dhanyushya for period ending March 1997.
2. Sandesh article dated 25-8-2005 on Core Health care management .
3. Income tax clearance certificate issued in year 2000 by the then assessing officer.
4. Copy of letter dated 17-10-2003 addressed to Assessing Officer.