Tuesday, July 27, 2004
chronolgical events connected with income tax dept and high court
Chronological events in relation to the investigation department of the income tax of the case from March 1998 onwards.
1. DGIT D N Kar , Additional Director of Investigation had summoned me in March 1998 (and onwards) for reasons best known to him.
2. It was D N KAR who started probing about the transfer of shares of Rupmangalam and Flovin (both companies being owned by mody family members).I informed him that company auditor Mr.Hemant Kashiparekh be called so as to know the factual position and he was not extending cooperation to me even though he was my chartered accountant.
3. I could visualise that pressure was being exerted by Dhanyushya-belonging to Core Health care group and kashiparekh /soparkar to give my concurrence for transfer of shares /companies to this group.Kashiparekh and soparkar were the escrow persons to the mous between two parties and there were disputes between both the parties which were to be resolved.
4. D N Kar was used by these people as a sword on my head so that I extend cooperation and complete the formalities for transfer of these two companies as well as shares.D N Kar did not furnish any balance of Dhanyushya , auditor report for transfer of shares,valuation of shares before alleging transfer of shares.Nor did he produce certificate from the escrow persons that the shares and share transfer deeds were delivered by them by obtaining their written statements and nor did he furnish auditor certificate for transfer of shares from mr. Kashiparekh, the auditor of rupmanglam and flovin.
5. In case I open my mouth ,they can back date the transfer of shares on the strength of documents in possession of the escrows and this could have resulted in huge capital gains tax demand and penalties for me and my family.
6. Mr. Kar acted like GUARD protecting Dhanyusyha for illegal acquisition of companies. And I was virtually defenceless to protect my interest AS WELL AS MY RIGHTS IN THE COMPANIES. Any information I call for such as balance sheet , etc then, the information can be used to strengthen their position AND IT COULD BACK FIRE ON ME .
7. In short income tax department was used AS A MEANS TO COERCE ME TO EXTEND MY APPROVALS FOR TRANSFER OF COMPANIES. I DID NOT GIVE ANY PERMISSION EVEN THOUGH I WAS UNDER TREMENDOUS PRESSURE FROM THE INVESTIGATION WING.
8. In October 1998-dhanyushya issued legal NOTICES, ALLEGED that I and other mody family directors had resigned (on the basis of documents being obtained from the escrows ) and hence to hand over all the records of the companies to them and if not done than mody family would bear all the liability of the companies and criminal case under section 467 for utilising the funds of the company after so called date of resignation.
9. I brought the contents informally to the notice of Mr. D N Kar but he ignored to probe the matter for obvious reasons. He ignored to take necessary action to collect documentary evidence and statements of kashiparkeh,soparkar, jalundhwala of Dhanyushya for simple reason that all of them would be vulnerable to falsehoods and further complications.
10. It was around June 1999 I came to know that Jalundhwala on behalf of Rupmangalm, Flovin and Dhanyuhsya had created charge for Rs 12.5 crores.
11. I made a complaint to the Chief commissioner of Income tax and director genreral of income tax on 18-6-99 (link http://intad.blogspot.com/2004/06/letter-addressed-to-director-general_04.html
to acquire the property on account of illegal transfer of property.Mr. Betgiri was director general of income tax-investigation and he did not pursue the matter vigorously by looking into the matter.In case he would have taken prompt action on receipit of my letter dated 18-6-99, I would not have faced police remand in december 1999 because they would not have dared to take such drastic action against me as detailed statements could have been called from the investigation wing.
12. As I did not receive Betgiri's reply, I wrote to the vigilance department of Global trust bank on 24-7-99 (separate enclosure) which ultimately resulted in police remand for five days in December 99.
13. The investigation summoned me through their Rajshri Diwedi who came in place of D N Kar and my statement was recorded on may 10 2000 and he could sense that the matter of transfer of shares/company to new management was fishy.
14. On my letter and telegram , Director general Betgiri confirmed my allegations of tax evasion and informed me that the steps would be taken by the assessing officers of four companies and mody family as per his letter on 19-9-2000.link
http://intad.blogspot.com/2004/06/reply-by-director-general-to-my-letter.html-
15.Immediately after this letter , his subordinate Mr. V.D. Wakharkar took over the charge of Director General while Betgiri became Chief Commissioner of Income tax .
16. I wrote to by letters and by telegrams to wakharkar need for urgency as well as need for further steps in the investigation wing as different assessing officers would not be able to coordinate the matter and take prompt action. Some of the letters are being attached herewith in form of linkage.
Copy of my letter dated 23-10-2000 is marked as under:http://intad.blogspot.com/2004/06/letter-to-dgit-on-23-10-2000.html
SOME
TELEGRAMS SENT TO DIRECTOR GENERAL
http://intad.blogspot.com/2004/06/some-telegrams-sent-to-director.html
LETTER ADDRESSED TO DIRECTOR GENERAL ON 4-6-01
http://intad.blogspot.com/2004/06/letter-addressed-to-director-general.html
LETTER TO R DIWEDI ON 2-7-2001
http://intad.blogspot.com/2004/06/copy-of-letter-dated-2-7-2001.html LETTER TO
DIRECTOR GENERAL AND CHIEF COMMISSIONER OF INCOME TAX ON 3-3-03
http://intad.blogspot.com/2004/06/extract-of-letter-to-dgit-and-ccit-on.html
TELEGRAM TO DIRECTOR GENERAL ON 10-3-03
http://intad.blogspot.com/2004/06/telegram-to-director-general-of-income.html
NAME, DESIGNATION, CONTACT NUMBERS:
http://intad.blogspot.com/2004/06/name-designation-and-contact-numbers.html
SUMMARY OF VARIOUS LETTERS
http://intad.blogspot.com/2004/06/summary-of-reference-of-correspondence_04.html
http://intad.blogspot.com/2004_06_04_intad_archive.html
17. I met him personally in septemember 2001 and he advised me that he would not be able to do any thing - I should see the assessing officer.Indirectly , he conveyed threat to me in subtle form.
18. I met Rajiv Nabar who was assessing Dhanyushya as well as core health care and wrote a letter but he did nothing to give me official reply.
19. In December 2001 , I filed civil suit 5827/2001 in city civil court against dhanyushya, core health care , jatin jalundhwala and global trust bank. And court commissioner was appointed to take documents of ownesrship on avaljapti. And temporary injunction was obtained for transfer of property pending production of docuementary evidence.
20. Inspite of the assurance given by Jalundwala to the court commissioner for production of documents , he did not comply.
21. Dhanyushya immediately rushed to Gujarat high court and obtained stay for court commissioner as well as on the injunction by filing civil revision appeal 25 and 26. Mr soparkar appeared as counsellor to dhanyushaya stating that dhanyushaya, rupmanglam has been amalgamated into span medicals .
22. In January 2002 , I again wrote to Director general Roongta- who took over charge from Wakharkar and I also wrote to R Nabar , that dhanysuhya is not able to produce documentary evidence of ownership and hence extend cooperation to me . Both of them did not act inspite of my briefing them of city civil suit.
23. However, my assessing officer took steps to pass adverse assessment orders against me and my family members purely on assumption basis and without recording the statement of kashparkeh, jalundhwala and soparkar for obvious reasons the orders were passed in march 2002.
24. In Civil revision appeal 25 and 26 in civil suit 5827/2001 , Gujarat high court passed orders without going into the facts of the case that dhanyushaya would produce the documents to city civil court by april 26 2002 and the matter would be disposed by june 2002.The court commissioner report was smartly avoided by Gujarat high court .
25. None of them furnished documentary evidence and under most mysterious circumstances fire took place in the insurance building where Rajiv Nabar was sitting on second floor and where the documents of core health care and dhanyushay were being assessed.The fire took place around 29th april 2002.I had written to the auditor of Dhanyushya and Core Health care vide my letter on 17 April 2002 and posted the letter on 20 april 2002.
26. The fire did not destroy the documents of various companies in come tax department.
27. I filed complaint to CVC on 3-6-2002 with a copy to Central Board of Direct Taxes as well as new Director General -Roongta. link
28. The income tax department around aug/sept 2002 extorted tax demand from my wife and children which I was not aware as they had distanced themselves from me. 29. I filed complaint against Soparkar in September 2002 with Bar Council of Gujarat for his appearance as counsellor in Civil revision application 25 and 26 with malafide intention to protect himself from exposure of his misdeeds and that of his client.. Link
http://bcgsopar.blogspot.com/2004/06/complaint-against-mr-saurabh-soparkar.html 30. In October 2002 I received letter in connection to my complaint to Central Vigilance Commission .Link 31. I furnished reply to above letter in October 2002. Link
32. On 7th December 2002 , article appeared in Indian express as regards to Great bank robbery on Core Health Care. Link
http://www.indianexpress.com/archive_full_story.php?content_id=14332
33. On 10th December 2002 fire broke out in the Insurance building -fourth floor where the files of Core health care and Dhanyuhsya had been filed.This is very unusual and in interest of public secruity of government property, the steps need to be taken by verifying the balance sheet , recording the statements and cross verifying with the information provided by me.
34. In end of December 2002, I wrote to the DDIT furnishing important information on the balance sheet of dhanyushya .
35. In January 2003 , I wrote to the assessing officer of Rupmanglam . link not shown
36. I wrote to new Directior General Shri U P Singh and the Chief Commissioner of Income tax on 3-3-03 and telegram on 10-3-03 with a view to probe the matter of fire in the insurance building. Link not show here
37.The injunction in civil suit 5827/03 was lifted in April 2003 .
38. I filed appeal from order AFO 176/2003 (link) and civil application 3110/2003 (link) in the
Gujarat high court and I appeared as party in person.
My appeal from order was filed against Dhanyuhsya , Jalundhwala ,Core health care and Global Trust bank.
http://www.afo176.blogspot.com
http://www.ca3110.blogspot.com
39. The appeal from order was decide by lordship Miss R M Doshit on 24-06-2003 stating that “ No grounds for interference is made out. Hence dismissed.”
Only dhanyushya was represented in the high court by advocate u d shukla
None of them filed affidavit in reply and without calling for such affidavits the application was rejected. This was nothing but non speaking arbitary order.
40. Filed papers to Gujarat high court protesting appeal from order. http://penrevap.blogspot.com/ ( details are confidential )
41. Soparkar filed reply to bar council that he did not play role as escrow person in august 2003. 42. I furnished reply in September 2003 to BCG and copy marked to soparkar. Link http://bcgsopar.blogspot.com/2004/06/modys-reply-in-september- 2003-in.html
43. I wrote to Chief Justice of Gujarat High Court on 24-11-2003 , followed up by a telegram on 1-12-2003. Links not shown here
1. DGIT D N Kar , Additional Director of Investigation had summoned me in March 1998 (and onwards) for reasons best known to him.
2. It was D N KAR who started probing about the transfer of shares of Rupmangalam and Flovin (both companies being owned by mody family members).I informed him that company auditor Mr.Hemant Kashiparekh be called so as to know the factual position and he was not extending cooperation to me even though he was my chartered accountant.
3. I could visualise that pressure was being exerted by Dhanyushya-belonging to Core Health care group and kashiparekh /soparkar to give my concurrence for transfer of shares /companies to this group.Kashiparekh and soparkar were the escrow persons to the mous between two parties and there were disputes between both the parties which were to be resolved.
4. D N Kar was used by these people as a sword on my head so that I extend cooperation and complete the formalities for transfer of these two companies as well as shares.D N Kar did not furnish any balance of Dhanyushya , auditor report for transfer of shares,valuation of shares before alleging transfer of shares.Nor did he produce certificate from the escrow persons that the shares and share transfer deeds were delivered by them by obtaining their written statements and nor did he furnish auditor certificate for transfer of shares from mr. Kashiparekh, the auditor of rupmanglam and flovin.
5. In case I open my mouth ,they can back date the transfer of shares on the strength of documents in possession of the escrows and this could have resulted in huge capital gains tax demand and penalties for me and my family.
6. Mr. Kar acted like GUARD protecting Dhanyusyha for illegal acquisition of companies. And I was virtually defenceless to protect my interest AS WELL AS MY RIGHTS IN THE COMPANIES. Any information I call for such as balance sheet , etc then, the information can be used to strengthen their position AND IT COULD BACK FIRE ON ME .
7. In short income tax department was used AS A MEANS TO COERCE ME TO EXTEND MY APPROVALS FOR TRANSFER OF COMPANIES. I DID NOT GIVE ANY PERMISSION EVEN THOUGH I WAS UNDER TREMENDOUS PRESSURE FROM THE INVESTIGATION WING.
8. In October 1998-dhanyushya issued legal NOTICES, ALLEGED that I and other mody family directors had resigned (on the basis of documents being obtained from the escrows ) and hence to hand over all the records of the companies to them and if not done than mody family would bear all the liability of the companies and criminal case under section 467 for utilising the funds of the company after so called date of resignation.
9. I brought the contents informally to the notice of Mr. D N Kar but he ignored to probe the matter for obvious reasons. He ignored to take necessary action to collect documentary evidence and statements of kashiparkeh,soparkar, jalundhwala of Dhanyushya for simple reason that all of them would be vulnerable to falsehoods and further complications.
10. It was around June 1999 I came to know that Jalundhwala on behalf of Rupmangalm, Flovin and Dhanyuhsya had created charge for Rs 12.5 crores.
11. I made a complaint to the Chief commissioner of Income tax and director genreral of income tax on 18-6-99 (link http://intad.blogspot.com/2004/06/letter-addressed-to-director-general_04.html
to acquire the property on account of illegal transfer of property.Mr. Betgiri was director general of income tax-investigation and he did not pursue the matter vigorously by looking into the matter.In case he would have taken prompt action on receipit of my letter dated 18-6-99, I would not have faced police remand in december 1999 because they would not have dared to take such drastic action against me as detailed statements could have been called from the investigation wing.
12. As I did not receive Betgiri's reply, I wrote to the vigilance department of Global trust bank on 24-7-99 (separate enclosure) which ultimately resulted in police remand for five days in December 99.
13. The investigation summoned me through their Rajshri Diwedi who came in place of D N Kar and my statement was recorded on may 10 2000 and he could sense that the matter of transfer of shares/company to new management was fishy.
14. On my letter and telegram , Director general Betgiri confirmed my allegations of tax evasion and informed me that the steps would be taken by the assessing officers of four companies and mody family as per his letter on 19-9-2000.link
http://intad.blogspot.com/2004/06/reply-by-director-general-to-my-letter.html-
15.Immediately after this letter , his subordinate Mr. V.D. Wakharkar took over the charge of Director General while Betgiri became Chief Commissioner of Income tax .
16. I wrote to by letters and by telegrams to wakharkar need for urgency as well as need for further steps in the investigation wing as different assessing officers would not be able to coordinate the matter and take prompt action. Some of the letters are being attached herewith in form of linkage.
Copy of my letter dated 23-10-2000 is marked as under:http://intad.blogspot.com/2004/06/letter-to-dgit-on-23-10-2000.html
SOME
TELEGRAMS SENT TO DIRECTOR GENERAL
http://intad.blogspot.com/2004/06/some-telegrams-sent-to-director.html
LETTER ADDRESSED TO DIRECTOR GENERAL ON 4-6-01
http://intad.blogspot.com/2004/06/letter-addressed-to-director-general.html
LETTER TO R DIWEDI ON 2-7-2001
http://intad.blogspot.com/2004/06/copy-of-letter-dated-2-7-2001.html LETTER TO
DIRECTOR GENERAL AND CHIEF COMMISSIONER OF INCOME TAX ON 3-3-03
http://intad.blogspot.com/2004/06/extract-of-letter-to-dgit-and-ccit-on.html
TELEGRAM TO DIRECTOR GENERAL ON 10-3-03
http://intad.blogspot.com/2004/06/telegram-to-director-general-of-income.html
NAME, DESIGNATION, CONTACT NUMBERS:
http://intad.blogspot.com/2004/06/name-designation-and-contact-numbers.html
SUMMARY OF VARIOUS LETTERS
http://intad.blogspot.com/2004/06/summary-of-reference-of-correspondence_04.html
http://intad.blogspot.com/2004_06_04_intad_archive.html
17. I met him personally in septemember 2001 and he advised me that he would not be able to do any thing - I should see the assessing officer.Indirectly , he conveyed threat to me in subtle form.
18. I met Rajiv Nabar who was assessing Dhanyushya as well as core health care and wrote a letter but he did nothing to give me official reply.
19. In December 2001 , I filed civil suit 5827/2001 in city civil court against dhanyushya, core health care , jatin jalundhwala and global trust bank. And court commissioner was appointed to take documents of ownesrship on avaljapti. And temporary injunction was obtained for transfer of property pending production of docuementary evidence.
20. Inspite of the assurance given by Jalundwala to the court commissioner for production of documents , he did not comply.
21. Dhanyushya immediately rushed to Gujarat high court and obtained stay for court commissioner as well as on the injunction by filing civil revision appeal 25 and 26. Mr soparkar appeared as counsellor to dhanyushaya stating that dhanyushaya, rupmanglam has been amalgamated into span medicals .
22. In January 2002 , I again wrote to Director general Roongta- who took over charge from Wakharkar and I also wrote to R Nabar , that dhanysuhya is not able to produce documentary evidence of ownership and hence extend cooperation to me . Both of them did not act inspite of my briefing them of city civil suit.
23. However, my assessing officer took steps to pass adverse assessment orders against me and my family members purely on assumption basis and without recording the statement of kashparkeh, jalundhwala and soparkar for obvious reasons the orders were passed in march 2002.
24. In Civil revision appeal 25 and 26 in civil suit 5827/2001 , Gujarat high court passed orders without going into the facts of the case that dhanyushaya would produce the documents to city civil court by april 26 2002 and the matter would be disposed by june 2002.The court commissioner report was smartly avoided by Gujarat high court .
25. None of them furnished documentary evidence and under most mysterious circumstances fire took place in the insurance building where Rajiv Nabar was sitting on second floor and where the documents of core health care and dhanyushay were being assessed.The fire took place around 29th april 2002.I had written to the auditor of Dhanyushya and Core Health care vide my letter on 17 April 2002 and posted the letter on 20 april 2002.
26. The fire did not destroy the documents of various companies in come tax department.
27. I filed complaint to CVC on 3-6-2002 with a copy to Central Board of Direct Taxes as well as new Director General -Roongta. link
28. The income tax department around aug/sept 2002 extorted tax demand from my wife and children which I was not aware as they had distanced themselves from me. 29. I filed complaint against Soparkar in September 2002 with Bar Council of Gujarat for his appearance as counsellor in Civil revision application 25 and 26 with malafide intention to protect himself from exposure of his misdeeds and that of his client.. Link
http://bcgsopar.blogspot.com/2004/06/complaint-against-mr-saurabh-soparkar.html 30. In October 2002 I received letter in connection to my complaint to Central Vigilance Commission .Link 31. I furnished reply to above letter in October 2002. Link
32. On 7th December 2002 , article appeared in Indian express as regards to Great bank robbery on Core Health Care. Link
http://www.indianexpress.com/archive_full_story.php?content_id=14332
33. On 10th December 2002 fire broke out in the Insurance building -fourth floor where the files of Core health care and Dhanyuhsya had been filed.This is very unusual and in interest of public secruity of government property, the steps need to be taken by verifying the balance sheet , recording the statements and cross verifying with the information provided by me.
34. In end of December 2002, I wrote to the DDIT furnishing important information on the balance sheet of dhanyushya .
35. In January 2003 , I wrote to the assessing officer of Rupmanglam . link not shown
36. I wrote to new Directior General Shri U P Singh and the Chief Commissioner of Income tax on 3-3-03 and telegram on 10-3-03 with a view to probe the matter of fire in the insurance building. Link not show here
37.The injunction in civil suit 5827/03 was lifted in April 2003 .
38. I filed appeal from order AFO 176/2003 (link) and civil application 3110/2003 (link) in the
Gujarat high court and I appeared as party in person.
My appeal from order was filed against Dhanyuhsya , Jalundhwala ,Core health care and Global Trust bank.
http://www.afo176.blogspot.com
http://www.ca3110.blogspot.com
39. The appeal from order was decide by lordship Miss R M Doshit on 24-06-2003 stating that “ No grounds for interference is made out. Hence dismissed.”
Only dhanyushya was represented in the high court by advocate u d shukla
None of them filed affidavit in reply and without calling for such affidavits the application was rejected. This was nothing but non speaking arbitary order.
40. Filed papers to Gujarat high court protesting appeal from order. http://penrevap.blogspot.com/ ( details are confidential )
41. Soparkar filed reply to bar council that he did not play role as escrow person in august 2003. 42. I furnished reply in September 2003 to BCG and copy marked to soparkar. Link http://bcgsopar.blogspot.com/2004/06/modys-reply-in-september- 2003-in.html
43. I wrote to Chief Justice of Gujarat High Court on 24-11-2003 , followed up by a telegram on 1-12-2003. Links not shown here
