9. Involvement and links of Income-tax Authorities with Mukesh Modi in Biggest Cooperative Scandal of India by Mukesh Modi, Sirohi, Rajasthan.

9.  Involvement and links  of Income-tax Authorities with Mukesh Modi in Biggest Cooperative Scandal of India by Mukesh Modi, Sirohi, Rajasthan.

Involvement and links  of Income-tax Authorities with Mukesh Modi in Biggest Cooperative Scandal of India by Mukesh Modi, Sirohi, Rajasthan - Details and data of nation wise cooperative scandal by Mukesh Modi of Adarsh Group is already available in public domain and hard copies of declared scandals have been sent to many Govt. Authorities of Incometax Department, Cooperative Deptt., R.B.I. and CBI etc. also by post. Without going in to the details of scandal of Mukesh Modi through Adarsh Cooperative Bank Ltd ( ACBL) of Sirohi, Adarsh Credit Co-operative Society Ltd (ACCSL) of Sirohi and many companies of Mukesh Modi registered in Rajasthan, Hariyana and Gujarat, I would like to highlight some untouched issues relating income-tax authorities linked to Mr. Mukesh Modi i.e. Adarsh-Modi Group.

Since, the first posting of Mr. Rejendra Bothara, ITO (Presently TRO, Bikaner) at Jalore (Rajasthan)  as ITO, Jalore, he has close connection with Mr. Mukesh Modi, the Managing Director of ACBL and he is paid consultant of Mr. Mukesh Modi and Adarsh Group since then. During the assessment proceedings of ACBL and ACCSL  before One Mr. T.C.Gupta, Asstt. Commissioner of Incometax  at Jodhpur, Mr. Bothara was the mediator and bridge between Mr. Modi and T.C.Gupta. As information available to me, Mr. Rajendra Bothara (ITO) and Mr. T.C. Gupta (ACIT) encashed One Crore rupees from Mr. Modi for holding the ACCSL a Cooperative Bank. And then, Mr. Modi succeeded in managing Mr. T.C.Gupta through Mr. Bothara who held in his assessment order that Adarsh Credit Cooperative Society Ltd (ACCSL) is a Bank and disallowed the claim of deduction u/s 80P. In fact, Mr. Modi wanted to save the ACCSL from the harsh provisions of Sec. 269SS, 269TT and various provisions of other relevant Acts as his distant planning and he succeeded in his target and that one crore rupee was shared by Mr. Bothara and Mr. T.C.Gupta.

The Friendship between Mr. Bothara and Mr. T.C.Gupta was becoming closer and closer which was again seen during the search proceedings against Adarsh-Modi group on 10.02.2010 at Sirohi. Mr. Bothara was Authorised Officer at one location at Sirohi (Rajasthan)  where  cash in hand was available even more than 3.5 crores and Mr. T.C.Gupta also reached Sirohi to help and guide Modi-Adarsh group. At the location of Mr. Bothara, he took a bribe of Rs. 30 Lakhs from that party (an ally of Mukesh Modi) and handed over Rs. 30 Lakhs  to Mr. T.C.Gupta who carried that 30 Lakhs from Sirohi to Jodhpur and Mr. Bothara shown seizure of only around 9 Lakhs and Rs. 3.00 Crores were sent to Sirohi Branch of ACBL in a vehicle showing that it was sent by Jaipur Branch which were seized by search party. By this way, these both authorities not only taken away and shared bribe of Rs. 30 Lakhs but also helped the Modi group to fail the search proceedings and resultantly, no surrender of income could be declared.

In the next step, Mr. Bothara and T.C.Gupta advised Mr. Modi to take services of  Mr. K. C. Moondra, C.A. and Mr. Modi engaged Mr. K. C. Moondra a chartered accountant on the advise and guidance of Mr. Bothara and T.C.Gupta and this Tikadi (Triangle) decided that department and authorities should be harassed by complaints and delay tactics and the assessing authority should not be given any space to go beyond the precedence created by T.C. Gupta and this Tikadi succeeded in stretching the case too long and Mr. Vidhyut Trivedi (ACIT), the A.O. had no option except to follow the T.C. Gupta’s order. Despite all such crucial circumstances,  he  succeeded in creating  demands of more than 150 Crores in all group cases.

On the other side and almost in those days, differences arised between Mr. Bothara and Mr. K. C. Moondra and therefore, Mr. Bothara and Mr. T.C.Gupta tried and succeeded in guiding Mr. Modi against Mr. Moondra, C.A. and Mr. Moondra was removed to represent the Adarsh Modi Group and there after, disputes also arised between Mr. Moondra and Mukesh Modi plus Mr. Bothara.

In this entire episode, Mr. Vidhyut Trivedi missed many serious issues relating to ACBL and ACCSL  in this group cases but in the recent assessment proceedings, Mr. Trivedi went in to great depth and raised many   issues which he could not raise during the search assessment proceedings and now, Adarsh-Modi group is trying it’s best to manage many higher authorities of Income-tax Department and members of Income-tax Settlement Commission so that all earlier assessments should not be reopened u/s 148 or 263 of the Income-tax Act.

Therefore, I request and advise all concerned Govt. authorities to look in to this biggest cooperative scandal of India and they should  take / direct following actions immediately in the public interest :-

All the assessments till A.Y. 2010-11 should be re-opened u/s 148 or 263 of the Income-tax Act, 1961.

Special Audit should be carried out against ACBL and ACCSL in the Incometax Act.

TDS surveys should be carried out against ACBL, ACCSL and their big & benami  borrowers who has failed in deducting TDS u/s 194A of Incometax Act of more than 200 Crores.

Special watch should be kept over corrupt members of settlement commission and some income-tax authorities and honest & intelligent officers should be entrusted the job to represent the case before settlement commission in the case ACCSL.

RBI and Central Registrar of Cooperative Society, Delhi should also be involved in the enquiry with binding responsibilities who are presently supporting ACCSL and ACBL by not taking any serious action.

In case of non-cooperative attitude for collecting the details and data, fresh search action should be taken on the issues gathered by Mr. Vidhyut Trivedi and the issues available in public domain.

All types of security and support should be provided to Mr. Vidhyut Trivedi whose life is at risk by Adarsh-Modi  group.

Proper action should be taken against Mr. Bothara and T.C.Gupta for their mal-connection with Mr. Modi and their activities against the department.

Any higher authority of Incometax Department should declare publicly in press and media to aware the public and save the future loss of revenue and/or CBDT should issue instructions that -

ACCSL and ACBL are duty bound to deduct the tax at source from all the interests paid/credited by them to their members also u/s 194A.

All the loanees of ACCSL should deduct TDS u/s 194A from the interests paid/credited to ACCSL.

ACCSL can not accept and repay the any type of deposits exceeding Rs. 20,000/- otherwise than by account payee cheque  as per provisions of sec. 269SS and 269T of the Income-tax Act otherwise 100% penalty will be levied on ACCSL.

Membership of any  non-individual with ACCSL is unlawful.

ACCSL and ACBL are not the ‘cooperative society’ as per provision of sec. u/s 2(19) and for the various provisions of the Income-tax Act, 1961.

All ex-persons connected to this Adarsh-modi group such as Lalita Rajpurohit (M.D. Of ACCSL), Naresh Rajprohit (CGM of ACCSL), various ex-chairmen of ACBL and ACCSL and K.C.Moondra and other consultant of Adarsh-Modi group should be summoned and their statements should be recorded to get some valuable evidences.