Modi Mission : CBDT has compulsorily retired yet another 15 very Higher senior officers of Income Tax Department

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Modi Mission : CBDT has compulsorily retired yet another 15 very Higher senior officers of Income Tax Department

Note 27.09.2019 Central Board of Direct Taxes (CBDT) has compulsorily retired yet another 15 very senior officers of the rank of Pr. CIT, CIT, JCIT, Addl CIT, ACIT today under Fundamental Rule 56 (J) in the public interest, due to corruption and other charges and CBI traps. It is in line with what of the Hon’ble Prime Minister has said in his address to the nation from the ramparts of the Red Fort and also in his interview to a major economic daily in which he has said, “some black sheep in the tax administration may have misused their powers and harassed taxpayers, either by targeting honest assesses or by taking excessive action for minor or procedural violations. We have recently taken the bold step of compulsorily retiring a significant number of tax officials, and we will not tolerate this type of behaviour.” It may be noted that 49 high ranking tax officers including 12 officers from CBDT were compulsorily retired under Fundamental Rule 56(J) earlier this year. Details of present cases are as below: Shri O P Meena, Pr. CIT: Shri OP Meena (88107), the then CIT (Appeals)-II Lucknow had decided the appeal of Shri Prashant Chandra, Advocate on 19.09.2014 while Shri Prashant Chandra, Advocate had been representing the case of Shri OP Meena before Hon’ble CAT, Lucknow Bench. Shri OP Meena decided the appellate matter pending before him in spite of clear conflict of interest raising serious doubts on the integrity of the officer. Undue reliefs have allegedly been given to Shri Prashant Chandra, Advocate in the appellate order passed by Shri OP Meena indicating a case of quid pro quo. Shri Sailendra Mamidi, CIT (86055), PCIT(OSD), Chennai: CBI, Cochin registered a case against Shri Sailendra Mamidi on the basis of source information regarding demand of illegal gratification of Rs. 10 lakh. He was arrested by the CBI and the bribe consideration was recovered from his associate. He was placed under suspension in 2015 following his arrest by CBI. He had demanded and received illegal gratification in case of another Jeweller of Kottayam following an Income Tax survey. Shri Mamidi had been habitually availing hospitality of a taxpayer in his jurisdiction by staying at his luxury resort at Kumarakom. He had stayed at Hotel Leela Palace, Kovalam and the payment was made by a subordinate officer. He had also purchased an Apple i-Pad through Shri S Sarath, ITO and did not make any payment for the same. His prosecution was sanctioned on 2.5.2018 and a departmental chargesheet was issued to the officer in October last year. Shri P.K. Bajaj, CIT: Complaints had been received against Shri P K Bajaj, CIT (90031) in which the main allegation is demand of bribe for registration of trust u/s 12AA and 80G of IT Act. Hon’ble ITAT, Lucknow Bench had conveyed its observation of concern in respect of quality of orders passed by Sh. P.K. Bajaj. A vigilance inspection related to his work as CIT (Exemption), Lucknow was also carried out in 2017 and a large number of irregularities were noticed in the vigilance inspection. Although the Vigilance Inspection was challenged by him before Hon’ble CAT, Lucknow Bench and the vigilance inspection proceedings were quashed and the Department is in the process of challenging the said order. The name of the officer was included in the Agreed List for the year 2018 jointly by the Department and the CBI. Although inclusion of his name in the Agreed List was quashed by Hon’ble CAT, Lucknow Bench. He had appeared in person in a large number of legal proceedings before Hon’ble CAT, Lucknow Bench and Hon’ble Allahabad High Court, Lucknow Bench on various dates without seeking any kind of leave. Shri P K Bajaj had allegedly purchased a flat in Ashok Vihar, Delhi and handed over the same to his estranged wife by way of alimony without furnishing any intimation as required by Conduct Rules. Shri Bajaj had allegedly married one Ms. Renu and then Ms. Rakhi without any judicial separation/divorce from Ms. Sapna, thereby committing bigamy. Shri Sanjeev Ghei, JCIT: Shri Sanjeev Ghei (02533) had allegedly demanded bribe from a taxpayer for passing a favourable assessment order. He was apprehended by CBI and the bribe money of Rs. 3.50 lakh was recovered from his office drawer. Shri Ghei was allegedly found using services of Shri Bhavesh, a Chartered Accountant for receiving the bribe money from the taxpayer on his behalf. Hand wash of Shri Ghei with sodium carbonate solution had turned pink indicating that he had accepted phenolphthalein treated currency notes. Shri K. Jayaprakash, ACIT (HQs): Shri K. Jayaprakash (08564), the then DCIT, Karimnagar had demanded bribe from a taxpayer for doing an official favour. He was apprehended by CBI and Rs. 24.60 lakh out of the total bribe money of Rs. 25 lakh were recovered from staff/ persons associated with Shri Jayaprakash. He was allegedly found using services of Shri N. Shivakumar, auditor for receiving the bribe money from the taxpayer on his behalf. Shri V. Appala Raju, Addl. CIT: Shri V. Appala Raju (88093) allegedly acquired assets in his own name and in the name of his family members, which are disproportionate to the tune of more than Rs. 60 lakh to his known legal sources of income. He neither obtained any prior permission regarding transactions of movable and immovable properties entered into by him nor he furnished intimations regarding these transactions in violation of provisions of CCS (Conduct) Rules, 1964. Shri Rakesh H. Sharma, ACIT: Shri Rakesh H. Sharma (105AJ), the then ITO, Ward 10(2) Ahmedabad had demanded bribe from a taxpayer to settle the Income Tax Assessment of a relative of the complainant. He was apprehended by the ACB, Ahmedabad while accepting the bribe money of Rs. 15,000/-. Phenolphthalein stained currency notes were recovered from the shirt pocket of Shri Rakesh H. Sharma. Shri Nitin Garg (the then DCIT, Sirsa, Haryana): Shri Nitin Garg (06577) had issued a notice to the complainant and had demanded bribe for not imposing heavy penalties. The complainant recorded the conversation with Shri Garg wherein he had demanded the bribe and directed the complainant to handover the bribe amount to Shri Prince Kumar, an employee of his son. Hand wash of Sh. Prince Kumar with sodium carbonate solution had turned pink indicating that he had accepted phenolphthalein treated currency notes. The Call Data Records of Shri Nitin Garg and the complainant corroborate the allegations of demand and acceptance of bribe. Shri S. A. Fazululla, DCIT: On the basis of source information, the CBI special unit Chennai was monitoring telephone calls of Shri S.A. Fazululla (07574) and Shri P. Musalaiah, Chartered Accountant. The calls between Shri Fazululla, Shri P. Musalaiah, and Dr. K. Upendra Kumar, the assessee established that the three of them had entered into a conspiracy to pay/receive bribe and obtain/issue a favourable assessment order. The CBI team gathered that a sum of Rs. 3 lakh would be handed over to Shri Fazululla on 07.07.2014. The CBI team conducted a search operation on the same day in the office chamber of Shri Fazululla and during the search operation CBI recovered the bribe amount of Rs. 3 lakh from the table drawer of Shri Fazululla, who had finalized the assessment on 07.07.2014 and caused pecuniary advantage to Dr. K. Upendra Kumar by not verifying the assessee’s claim for capital gains exemption properly. Shri Kripa Sagar Das, DCIT: Shri Kripa Sagar Das (01560) had allegedly passed two sets of assessment orders, both dated 12.12.2007 and in the Demand & Collection Register, the original entry was erased with white fluid and substituted by the revised entry corresponding to total income of Rs. 59,09,538/-. Over writing in Demand & Collection register indicate that after the original assessment order was passed, another assessment order on the same date was passed with new lower total income and lower demand for malafide reasons. Shri Das had finalized the penalty order with the approval of Addl. CIT, Range 7 for levy of penalty of Rs. 1,57,55,460/- u/s 271(1)(c) in a case. Later he directed his staff to alter the entry in the Demand & Collection register as the penalty had been dropped. Thus, Shri Das dropped the penalty of Rs. 1,57,55,460/- in illegal manner to extend undue benefit to the private party. Shri Kripa Sagar Das allegedly acquired assets in his own name and in the name of his family members, which are disproportionate to the tune of Rs. 29,13,395/- to his known legal sources of income. He neither obtained any prior permission regarding transactions of movable and immovable properties entered into by him nor furnished intimations regarding transactions in violation of provisions of CCS (Conduct) Rules, 1964. Shri P. Jose Kunjippalu, ACIT (OSD): Scrutiny assessment in the case of M/s. Canon Granites Pvt. Ltd. for AY 2011-12 was transferred by the CIT, Thrissur from Shri C. J. Vincent (10553), the then ACIT, Circle 1(1), Thrissur to Shri P. Jose Kunjippalu (10550), the then ACIT Circle 1(1) Palakkad. Shri Vincent entered into a criminal conspiracy with Shri P. Jose Kunjippalu and Shri K J Tomy, Chartered Accountant and demanded a bribe of Rs. 10 lakh from the directors of the said company. The complainant had secretly video recorded the conversation with Shri Kunjippalu and Shri K J Tomy, Chartered Accountant wherein they had demanded the bribe. Kunjippalu directed the complainant to bring the bribe amount to the residential quarter of Shri Vincent where he himself was also staying. Shri Kunjippalu had accepted the bag containing the bribe amount from the complainant and handed it over to Shri Vincent after verifying the money. Shri Vincent also verified the money and kept the bag on the shelf. The bag was thrown out from the balcony by Shri Kunjippalu as soon as he realized that CBI team had entered the flat. The hand wash of Shri Vincent as well as Shri Kunjippalu had turned pink indicating that both of them had handled treated currency notes. Shri Kunjippalu had accepted two Gold coins from a Chartered Accountant with whom he was having official dealings in violation of CCS (Conduct) Rules, 1964. He allegedly acquired assets in his own name and in the name of his family members, which are disproportionate to the tune of Rs. 1,00,72,521/- to his known legal sources of income. Also he neither obtained any prior permission regarding transactions of movable and immovable propertied entered into by him nor furnish intimations regarding these transactions in violation of provisions of CCS (Conduct) Rules, 1964. Shri C.J. Vincent, ACIT (OSD): Scrutiny assessment in the case of M/s. Canon Granites Pvt. Ltd. for AY 2011-12 was transferred by the CIT, Thrissur from Shri C. J. Vincent (10553), the then ACIT, Circle 1(1), Thrissur to Shri P. Jose Kunjippalu (10550), the then ACIT Circle 1(1) Palakkad. Shri Vincent entered into a criminal conspiracy with Shri P. Jose Kunjippalu and Shri K J Tomy, Chartered Accountant and demanded a bribe of Rs. 10 lakh from the directors of the said company. The complainant had secretly video recorded the conversation with Shri Kunjippalu and Shri K J Tomy, Chartered Accountant wherein they had demanded the bribe. Kunjippalu directed the complainant to bring the bribe amount to the residential quarter of Shri Vincent where he himself was also staying. Shri Kunjippalu had accepted the bag containing the bribe amount from the complainant and handed it over to Shri Vincent after verifying the money. Shri Vincent also verified the money and kept the bag on the shelf. The bag was thrown out from the balcony by Shri Kunjippalu as soon as he realized that CBI team had entered the flat. The hand wash of Shri Vincent as well as Shri Kunjippalu had turned pink indicating that both of them had handled treated currency notes. Shri T K Bhattacharya DCIT, Ludhiana: The Income Tax Department had carried out Search & Seizure operations at various premises of M/s. Oasis Group of companies. The Income Tax Returns of directors of the company and their family members for last 7 years were transferred to Income Tax Department, Ludhiana for re-assessment. Shri T. K. Bhattacharya (075AN) called up the complainant on phone and informed that he and his family members were likely to face heavy tax penalty and demanded a bribe of Rs.10 lakh for reducing the penalty. Tax demand of approximately Rs.35 lakh was raised by Shri Bhattacharya vide orders dated 21.03.2013 in the case of the complainant and his family members. The complainant again met Shri Bhattacharya and after negotiation, Shri Bhattacharya reduced the bribe demand to Rs. 6 lakh. Shri Bhattacharya was allegedly found using services of Shri Ashwani Kumar Gupta, a Chartered Accountant for receiving the bribe money from the taxpayer on his behalf. He was apprehended by CBI and the bribe money of Rs. 6 lakhs was recovered from Shri Gupta, the Chartered Accountant who had received the bribe amount on his behalf. Shri Kamlesh Kumar Tripathi, JCIT: A proposal had been sent by the ITO Ward 31(2) Kolkata for levying of 8% tax on annual income of the complainant. Shri Kamlesh Kumar Tripathi (94024) allegedly demanded a bribe of Rs. 5 lakh for approving the proposal sent by the ITO and allowing the matter to rest. Shri Tripathi allegedly threatened the complainant that in case the bribe amount was not paid, his case would be referred for re-assessment. The complainant was directed by one Shri Manish Kumar, Chartered Accountant to deliver the bribe money in the lobby of ITC Sonar Bangla Hotel. Later, the complainant was advised by Shri Manish Kumar to speak with Shri Tripathi who in turn directed the complainant to hand over the bribe amount at his official residence. During the course of search operation by CBI, the bribe amount of Rs. 5 lakh was recovered from the official residence of Shri Kamlesh Kumar Tripathi. Hand wash of Shri Manish Kumar as well as Shri Kamlesh Kumar Tripathi had turned pink indicating that they had accepted treated currency notes. Shri S.R. Senapati, Addl. CIT: Shri Alok Nath, the then ITO Ward 2(1), Bhubaneswar conducted an illegal survey on a company named M/s. ARSS Stones Pvt. Ltd. on 12.08.2002 even when the case was not within his jurisdiction. The fact of conduct of survey without jurisdiction by Shri Alok Nath, the then ITO Ward 2(1), Bhubaneswar was within the knowledge of Shri S.R. Senapati (90059), the then JCIT, Range-2, Bhubaneswar. Shri Senapati wrote a D.O. letter to the then CIT, Bhubaneswar and misled him by indicating that the documents impounded during the said survey were being scrutinized by the ITO/ACIT concerned, whereas the impounded documents had already been returned to the assessee by Shri Alok Nath, on 30.08.2002. Shri S. R. Senapati failed to prevent the return of impounded documents to the assessee and also failed to get the impounded documents transferred to the jurisdictional ACIT.

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