TEP

This query is : Resolved

sarjiwan gupta (Querist)
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20 October 2010 Dear Sir

My name is Sarjiwan Gupta and I am from Mohali. I would request you to please help me and inform "whether I can know the name and address of person who has filed TEP (tax evasion petition) against me". The brief facts of the case are as under :

I am a small businessman in Mohali and on the basis of TEP of unknown person, ITO has issued me a notice u/s 133(6) to produce some documents. Since the list was very exhaustive, I was not able to produce some documents, as a result ITO levied a penalty of RS 25,000. I am confused now

Please help me

Thanks and Regards

Sarjiwan Gupta
sarjiwan@in.com

+98557-38904

venkatraman shrinivas

venkatraman shrinivas (Expert)
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21 October 2010 Whether the action of the assessing authority had emamated as a result of any Tax Evasion petition or suo motu on receipt of any information from the departmental source, i is closely guarded secret and cannot be disclosed. Similarly an informant who is instrumental in providing information for a search is also protected from disclosure or exposure of his name and even courts cannot obtain this information.The court can at best know the existence of a source which constitutes th basis for inquiry or search.

sarjiwan gupta

sarjiwan gupta (Querist)
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22 October 2010 Dear Sir
Thanks for your valuable opinon, but whether it is justified to levy a penalty (and no tax demand)is legal.
Kindly advice

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venkatraman shrinivas

venkatraman shrinivas (Expert)
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22 October 2010 No penalty can ever be levied when thee is no tax demand on any identified income that is assessable.No tax authority would resort to such a course.