Can I file contempt petition
4 years ago
Sir In my case Madras HC ordered Asst commissioner of commercial tax to collect evaded tax 45 lakhs from two fraudulent contractors on 30.6.2016. According to his affidavit HC ordered. Then He collected 25lakhs from them. Shockingly he issued an assessment certificate on 8.11.2016 that they paid excess Rs. 17 lakhs. AC is also done fraud in favour of fraudulent contractors. Now only came this fact to me. Can I file contempt petition against AC now.
NITHYANANDAN SUNDARESAN
Responded 3 years ago
Collect Evidence like papers, documents, essential money exchanges that are done.
Immediately consult a Tax Lawyer in this regard,
File a Case against the Assistant Commissioner with all proper material documentary evidence.
Seek Damages with Principal money plus Interest usually 6 to 12 percentage which vary according to duration.
Shreyash Mohta
Responded 4 years ago
Sanjay Kumar Jha
Responded 4 years ago
Once the HC has ordered to AC to collect such tax as due , to be collected must have been given on assessment of tax evaded by dept. concerned.Then how it can be reverted by saying that they paid excess 17 lakhs by the same authority fo the same dept. Which might have been submitted on affidavit before HC .
Hence, HC has been duped by the AC and by his dept. Short Collection may be challenged In HC for not complying the order in totality.
Thanks
Anonymous
Replied 4 years ago
Sjr three years passed. Can I proceed now
You can take certified copies of such payments and records and then filed a contempt petition.
Anonymous
Replied 4 years ago
Three years gap is not bar? Sir
SUBRATHA RAY
Responded 4 years ago
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