Proprietary firm transfered with incomplete documents

783 votes

The alleged transfer which has been made without complete documentation is apparently indicative of the possibility of concealing vital information, which might have been deliberately suppressed to gain undue advantage. Such possibility of a sham transaction having taken place by concealing documents can only be investigated by the police agency. Police agency upon receipt of the FIR must have made the necessary investigation by calling the person(s) involved in the transaction and also by asking to produce the missing documents. A fraud whether has been perpetrated or an attempt made to that effect calls for an investigation.

Police cannot shy away from its duty by citing that it is a matter of sales tax department, as the department shall be concerned with the evasion of tax in the event of the sale. However, the propriety or validity of the sale has to be examined at the first instance, which needs to be investigated. If the sale is not valid, the question of sales tax cannot be gone into.

Hence, you are advised to approach the SP/DCP asking for an investigation into the matter and thereafter, you can resort to approaching the Court of Law for necessary directions for conducting such investigation by the Police.

Advocate Sandipan Mohanty LawRato