forceful declaration of IDS by ITO

Author Topic: forceful declaration of IDS by ITO  (Read 220 times)

subhas

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forceful declaration of IDS by ITO
« on: March 29, 2017, 09:12:45 AM »
Hello,

I had booked a property(plot) in 2006 for 1,37,500.00 with monthly payment scheme offer by builder. I paid total amount from 2006 to 2010.The property was booked in my name & payment made by my wife from saving/salary account.
The property was registered in 2014 by builder @ booking amount of Rs 1,37,500.00. But market value in May 2014 when property was registered was Rs 10,95,000.00. All plot pymts were made to builder by cheque & stamp duty was paid for Rs10,95,000.00.
In Aug 2015 , IT Officials sent me letter to provide source of income stating the property is undervalued (registered @Rs137,500.00 instead of market value Rs10,95,000.00.
As i am working abroad , the ITO harassed my wife, trapped us in IDS  & threatened her saying that i will be prosecuted if we dont fill IDS form. Then ITO dictated my wife to fill IDS form on my behalf.
In the IDS form the ITO declared Rs10,95,000.00 - Rs 1,37,500.00 = Rs 9.50 Lacs approx as my undisclosed income. However this amount is the appreciation amount of my plot from 2006 to 2014.
ITO forcefully made my wife to fill form-1  (IDS Form) & passed the order to issue form -2 to make pymt of Rs 4.30 lacs approx as penalty.
Further my wife paid Rs 1.0 Lac in Nov 2017 without consulting me.
I would like to know the procedures
1.to withdraw the IDS form
2.collect back Rs 1 lac paid to IT Dept.
3.to isuue legal notice against ITO including IPC section under which i can give legal notice for harassment , manhani , torture, threatening for prosecution.

Pls. advise urgently.

satyanveshi

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Re: forceful declaration of IDS by ITO
« Reply #1 on: April 01, 2017, 06:51:41 AM »
It is very difficult to come out of  the situation once the taxes are not paid as per the declaration made under ids ..... there is a possibility that the department may reopen the assessment and therefore will be subjected to further harassment.

first of all without consulting any professional, your wife has accepted the departments demand and consequently paid the part of the corresponding taxes also... in my opinion there is no way you can come out of the situation except filing a writ in court  or else the chief Commissioner of Income Tax concerned may be approached and situation may be appraised.... As per provisions, there is no possibility...... other than this there is no solution.....