You committed a crime and ignorance of this crime has no excuse in the eye of law.
Therefore consult a Income tax professional if he can advise an escape route.
Else paying the money remains only option.
Clarification on cash deposit with regard to property purchase
I'm 69 year home maker residing in Bangalore. I was a devotee of one religious organization in Kerala.In 2015 that religious head in Kerala purchased a land by giving 80 lakhs. At that time I was made to open a SB a/c in Kerala(where that person resides).Cash was given to me to deposit in my account. Without knowing the implications, I agreed. The Bank manager and his side people assisted me to deposit the cash of 80 lakhs , then money was transferred to the seller through my account . I'm neither a buyer nor a seller, but money transaction has happened through my account. Now recently the Income Tax Department questioned my source of deposit in that particular bank account. Now the IT department has levied tax 30percent tax with penalty for delayed payment. Now that person is having registered Seva NGO in Kerala. I'm requesting the religious person to pay back the money to overcome the situation due to my poor financial condition. And I have no support. Now he is not responding to pay the amount.My question is how should I proceed with this situation?
Asked 4 years ago in Property Law
Religion: Hindu
6 Answers
Issue legal notice to religious organisation to pay tax and penalty imposed as money belonged to Organisation and it was deposited in your account for on ward payments to the seller
Disclose everything to authority that is your only solution. Also file a cheating complaint against His Holiness in criminal court only then your defense will sound credible. Otherwise there is possibility of finding yourself behind bars.
- Since, you got notice from the I.T. department , then you should reply after narrating the real facts .
- Further, you can lodge a compliant against that religious head for the offence of cheating , breach of trust and corruption .
- However, you can send a legal notice to that religious head for paying the amount before lodging a compliant against him.
If there is no evidence to prove that this money was given by him and you got it deposited to your bank account then it may not be possible for you to defend your interests.
However since the money for the purchase was paid towards the sale consideration was made from your account, you my claim the property now by sending legal notice to that religious organization.
You reclaim the property stating that you have funded for the purchase of property hence the property belongs to you, therefore the organization should return the property or else to face the law suit that you may contemplate to file against them before court of law for declaration of title as well as taking possession of the property.
If the religious organization agrees to pay the penalty amount demanded by income tax department you may withdraw the legal notice or proceed with suggested suit against the organization.
In the meantime you may give a reply to the income tax department explaining the background facts and may also inform the authorities to seize the property alleged purchased by you to recover the penalty amount.
Dear Sir/ Madam
You can send a legal notice to the said religious organization demanding money that you have incurred due to such a transaction. They are liable to pay you the penalty for the losses that you may suffer as the transaction was made for their interest. If you don't receive a reply within the prescribed time limit, you can file a suit under section 416 of IPC for cheating. Please ensure that you have all the necessary documentary evidences to support your stand in the court.
