Complaint against the evasion of Income Tax by MLAs

 

To                                                                                                                                 Date:  1-12-2011
The Director,
The Directorate of Income Tax (Investigation),
108, Nungambakkam High Road,
Chennai - 600 034.
Sir,
              Sub:  MLAs of Tamilnadu 2006-11- under reporting of income- evasion of payment

                       of tax in full – action to collect prescribed income tax- reg.
             Ref:  Our previous complaint dated 04/08/2011 from V.Gopalakrishnan
                                                             -----
                  We have sought for certain information under RTI Act about the income tax returns filed by the some of the MLAs of Tamilnadu.

                  The Public Authority of Assembly Secretariat has given the information stating that the payments made to the MLAs does not come under “salary” and it has been classified as “income from other source”. Accordingly, as stated by the PIO, the Assembly Secretariat
is not liable to effect TDS, but the MLAs has to pay the tax directly. The payments are directly made to the MLAs by the Assembly Secretariat. Hence the appropriateness of the stand taken by the PIO need to be studied and decision taken.

                  The CPIO of Income tax department has simply denied the information about the income tax return and balance sheet filed by the MLAs of Tamilnadu.

                  On further investigation and analysis, it has come to light that most of the MLAs have under reported their income, much less than the actual income of around Rs. 6 lakhs per annum. Such details are available in the affidavit filed by them, as is found in the web site
of Election Commission (Tamilnadu). The compiled details are enclosed herewith (annexure -1, 2, 3 and 4).

                   It reveals that the MLAs are not making the due payment of income tax
commensurate to their income.

                   Hence it is requested to take effective steps to recover the unpaid tax amount which is arising out of unrealistic reporting of their income.  Kindly pass due reward.

Encl: 1. Annexure- 1 (List of MLAs with  “NO  PAN”)                                     C. Selvaraj                                         - 2 (List of MLAs with PAN, but “NIL income”)                                             PRESIDENT                                      -3 (List of MLAs who shown “below Rs. 6 lakhs as income”)                                                                           - 4 (List of MLAs with above Rs. 6 lakhs income, but inclusion of entire

                                                             income as MLAs to be verified)

          2.  MLA salary and allowances details.

Copy to the Director General of Income Tax, New Delhi - with enclosures.

Observance of vigilance awareness week in Income Tax Dept.

To                                                                                                                               Date: 1-11-2011

The Commissioner of Income Tax

Ayakkar Bhavan
Nungampakkam
Chennai- 600034.

Sir,

              Sub: IT Dept.- vigilance week observance- participative vigilance- proposed      programme-                       details requested- reg.

                 The Central Vigilance Commission through its circular dt.27-10-11 has directed all the departments to observe Vigilance Awareness Week through active involvement of all stakeholders to ensure participative vigilance.

                 But the IT Department has narrowed down the scope of the above by just lending a call to all stakeholders to bring in the corrupt practices of errant officials. This approach will make the stake holders as a mere complainant. It will not display any participative role and there will be no scope for promoting transparency, fairness and equity in governance.

                 To ensure transparency, fairness and equity in governance, it requires permitting access to the information available with the department about the returns which contains evasion of tax. Nowadays the department is denying such information in the guise of protecting the privacy of individuals.

                If any lawfully and legally acquired income/asset is made public, it will not affect the privacy of anybody. On the other hand, there is possibility for the privacy getting affected when somebody has acquired amazing wealth through illegal means. Such illegal wealth could be brought out through participative vigilance. The role of IT department is vital in this aspect and hence it should come forward to reaffirm its commitment to fight corruption during this week and continue to maintain it.

                 Even after the come into existence of the RTI Act, the obstinacy of the department in denying the dissemination of information will speak ill of its commitment.

                To get rid of such bad practices, we earnestly look forward the department to arrange for participative programmes by involving all stakeholders who are fighting for eradicating corruption and corrupt practices, because “transparency eradicates corruption”.

                                                                                                                                                                C. Selvaraj

             Association of Transparency and Anti corruption

To                                                                                                                      Date: 11-11-2011
1.    The Station House Officer,
       Vigilance & Anti-Corruption,
      Greenways Road, Chennai.

2.   The Chief Secretary

      Govt. of Tamilnadu
      Fort St . George
      Chennai- 600009

Sir,
                   Sub – Corruption, Nepotism, Fraud & loot of ex-chequer – Information
                              U/s 154 CrPC – Complaint - Regarding.

(1)             The Secretary/Housing and Urban Development,(i) A. Dayanidhi  s/o
M.K. Alagri, (II)Sumathy Ravichandran, (III) Parvin w/o s.m. Jaffer sait, (iv) Venkataraman PA to Ex CM, (v) Rajalakshmi. S w/o Chakkarapani.R DMK, (vi) Ganesan. L Ex MP, (vii)Yasoda. D M.L.A have conspired to cheat the Government of Tamilnadu, and the Tamilnadu Housing Board in order to wrongfully enrich themselves.

(2)             Accordingly in order to comply with a statutory requirement, a false declaration was made by way of an affidavit, to the effect that the above seven persons did NOT own any house, and the Tamilnadu Government was made to issue fraudulent G.Os

(i) GO no.36 dt07/02/2007 plot no.71, HIG 2, Sholinganallur phase 3.

             (ii) GO no.218 dt 13/3/2008, plot no.HIG plot no. 1050, mogappair, chennai.
            (iii) GO no.143 / 5-6-2009 plot no 540, Thiruvanmmiyur Extn. Kamaraj Nagar,
           (iv) GO no.509 / 14-5-2008 plot No. AP 2, Anna Nagar, Malar Colony.
           (v) GO no.151dt 7/3/2008 HIG plot 1047, Mogappair, Chennai.
          (vi) GO no.157 / 7-3-2008, HIG plot 1052, Mogappair,chennai
         (vii) plot no. HIG plot A5, Mogappair Eri Scheme, Chennai respectively.

(3)           The role of the Secretary in getting the G.Os issued is occasioned by the fact that he was responsible, and the house/plot was allotted under the GDQ (Government Discretionary Quota) as if they are all “SOCIAL WORKER/unblemished Government Servants”. 

(4)            Their ‘social workmanship/unblemishness, along with their economic workmanship’ requires to be probed in league with the Income Tax department, since after initially swindling the property by fraud, forgery & perjury, a huge amount of payment was made which apparently is from the disproportionate assets and/or their clan.

(5)           Till date, both Government & Housing Board officials are secreting incriminating portions of certain files relating to this fraud, and V & AC should immediately seize the files, lest it vanishes like the Adarsh scam in Mumbai. I have however enclosed relevant documents to conclusively establish the crimes alleged herein.

(6)          Hence I request you not to behave like a law unto your own self, and to obediently follow the mandate of India’s Parliament in Section 154 of the amended CrPC of 1973, issue a free copy as per 154 (2) thereof, and send the jurisdiction magistrate (Special Judge under PCA Act), his statutory copy.

(7)          Please do not try to keep the report U/s 154 away from the Judicial Magistrate’s (Special judge under PCA) knowledge, since such an attempt to dissuade him from performing his consequential statutory duties would amount to obstruction of justice, and constitute criminal contempt of court.


                                                                                                             M. Thuyamurthy

                                                                                              General Secretary

Encl-  G.Os as above