04 April 2010
Given Rs.3.20L to (A) bussiness association by cash in 2007.It was Capital gain without income showing in return.A gave cheques but returned and s.138 void and lapes as per negotial instrument act. A now refuse to pay back. How can i get bask from A In legal Way?????????????????????????????
04 April 2010
If you have the cheque still with you than you can file a case against him. And since its dishonored u/s 138, you will be in benefit. Question of capital gain wont come into picture as its not related to Income tax.
04 April 2010
Dear Shivang .Thanks Join with my query. That cash (Capital Gain) had not been shown in return up to still.That is plus point of against party to win case against him .......
04 April 2010
Ya but i hope that the other party dont know about not showing ur capital gain in income. and even if he knows its the matter of IT deppt and not the judicial court. if court claims than you can pay around 70k tax as of now. There are certain things on which u can claim relief in court. SUch as: 1. if the other party request the court and give details of the capital gain which is not shown than court may ask u to submit the copy of IT return. also they can direct u to pay the tax which is fine. 2. If they do so than you can argue that it was your normal savings upto the date which u paid him. also done ever give that cheque to the party. its the only proof to win the case. ALso take copies of the cheque so it dont get lost. 3. Just meet an advocate and tell him about the case for bounce cheque. also if u need any help regarding the advocate and all you can contact me. In which city are you jst let me know.
CAclubindia
