Strategy Now After Being Raided By DRI & Confession-Don't Buckle In-Retract

Dear Mr. Yelamali :   I have discussed the matter with some experienced persons in the field and have drawn the following initial points for your guidance.   It is hoped that you have not given any cheque to DRI while tendering your statement. If yes, STOP payment immediately.   Retract your statement immediately. Retraction must be based on guidelines issued by the Supreme Court in a judgement passed recently.   Ask around and engage a competent Customs lawyer well-versed in strategising the counter to the course of investigations.   Undervaluation cases are tough to prove for the department solely on evidence, inless admitted by the importer in statement tendered u/s 108.   Statements u/s 108, are unlike statement tendered before police. These have strong evidentiary value. Therefore, if an incriminating statement has been tendered by you, retract. Retract quickly and immediately. But it should be a cogent, point by point, serious retraction, not merely saying that it was obtained under coercion.   Don't give any more statements, especially if your Doctor feels you are not well. Send the medical certificate. Don't offer any substitute date from your side. Let them fix and communicate only by  Regd. Post. No need for you to personally acknowledge.   Yes, there is the fear of arrest if you do not co-operate.   Better get arrested and come out on bail later than to face a prolonged ruinous prosecution based on your co-operation to tighten noose around your own neck.   Meaning : STOP co-operating.   If they exert undue pressure, go to NHRC immediately.   Be careful in applying for anticipatory bail. Be very cautious. The department may not be planning to arrest you, but if your anticipatory bail is rejected, it will then have no option but to arrest you.   Preserve your money, and be tight fisted in parting with it. Lawyers and many middle-men will try to fleece it out of you because of your present vulnerability and weakness. Don't fall into their trap.   Lastly, pray to God to grant you inner strength to withstand the pressure. It is your inner strength now that will determine the course of future.   Damage has been done, a little more will also be done. In any case, you have also benefitted from it in the past. They rarely make false cases, false statements they might take under duress.   Plan for settlement commission to get out of the mess in due course.   I am sorry that I can not extend you any professional help being a student. Nor can I canvass for any other legal practitioner.   Best of Luck. Kind regards, Miss Rebecca Andrews --- On Sat, 11/7/09, sangameshyelamali <yelamali@gmail.com> wrote: From: sangameshyelamali <yelamali@gmail.com> Subject: (TONY.M.P.) DRI - Director of Revenue Intelligence To: taxconsultinggroup@yahoogroups.com Date: Saturday, 11 July, 2009, 6:58 AM Dear Group, Can any one tell the remidy if DRI coerse the assessee to accept and declare statements which is not true? The transaction relates to under pricing. Is there any one who can support and extend professional services in this regard. Thanks Sangamesh A. Yelamali