Income Tax Refund

[joatmon]

It is more than a month since I wrote an application (Please see the attachment) to
Assistant Commissioner of Income Tax
Salary Range - VI
121, Uttamar Gandhi Salai
Nungambakkam
Chennai

complaining non-receipt of refund order, but of no use. Now I wish to use RTI. Could you please
(1) Give the exact details (including specific address) of whom to approach. (OR where I can locate the details).
(2) Let me know whether the information I am seeking - Is it on this complaint OR Is it on the refund orders.

Thanks in advance.

[karira]

Suresh,

You can now file a RTI application with a CPIO of the Income Tax department regarding the follow up on your above letter.

The RTI application can be addressed to the relevant CPIO as listed on the CPIO/CAPIO link available at the top of the following page:

http://www.incometaxindia.gov.in/cci...us_Display.asp

The Income tax department has designated ALL assessing officers as CPIO's. You can therefore also address your RTI application to your assessing officer (maybe he is the same as the one to whom you addressed your initial letter). Just ask for :

1. Day to day progress of your letter mentioned above
2. Which officers have seen the letter and what action has been taken
3. What are the norms of the department to reply to taxpayers letters/communication
4. By when will you get the refunds

Your RTI application has to be accompanied by a IPO of Rs. 10.00 payable to "Accounts Officer".

For help and guidance in drafting a application, fees, mode of payment, how to submit etc., please visit the "Guide" segment of the portal available here:

RTI Guide

[joatmon]

Karira,

Thanks a lot for your inputs.

I have one additional problem -
I got the attached Word document at itax. How to do I pick the right CPIO? I belong to Salary Range - VI. Is it Commissioner of Income tax, Chennai - VI (sl no. 16)?

Is the 'payable to' always "Accounts Officer", irrespective of CPIO?

Thanks & Regards.

[karira]

Suresh,

These days, the Income Tax department has designated ALL assessing officers as CPIO.
Therefore you can file your RTI application with the assessing officer of your ward/circle (where you filed the IT return).

IPO can be always to "Accounts Officer".

[joatmon]

I have received a communication which says
QUOTE BEGINS
... a sum of Rs.10/= has to be deposited into the Government of India account. However, a banker's pay order favouring the Accounts Officer, Income Tax Dept., Govt. of India is seen enclosed with your application. Since your application is not in order the undersigned expresses his inability to consider your application as a valid one... You may file a fresh application...
QUOTE ENDS

Could you please let me know what went wrong. I am not able to buy IPO in any of the Post Offices nearby. Hence I went the Bankers Pay Order route.

Thanks & Regards.

[karira]

Originally Posted by joatmon

QUOTE BEGINS
... a sum of Rs.10/= has to be deposited into the Government of India account. However, a banker's pay order favouring the Accounts Officer, Income Tax Dept., Govt. of India is seen enclosed with your application. Since your application is not in order the undersigned expresses his inability to consider your application as a valid one... You may file a fresh application...
QUOTE ENDS


Thanks & Regards.

This PIO is trying to act smart and needs to be taken to the cleaners.
I want to help you in drafting a full proof first appeal.
Is it possible to scan FULL copies of your application, the copy of your BC and the PIO's reply and upload them here.
This will help me in making a good and water tight First Appeal !

[joatmon]

Karira,

Thanks a lot for the help. Please find attached a PDF.
Page 1: Bank Pay Order (Returned back to me) which is enclosure ii attached with RTI application.
Page 2: Enclosure vi attached with RTI application. (Also enclosure 2 attached with original complaint).
Page 3: The response for my RTI application.
Pages 4 & 5: The RTI application.
Page 6: The original complaint which is enclosure iii attached with RTI application.

Please let me know if you need any additional information.

Thanks & Regards.

[karira]

Suresh,

Attached is a First Appeal specifically for your matter.

Just check the details given (numbers etc.), fill up the blanks, check spellings/punctuation/grammar and submit it to the First Appellate Authority.

If you want to be even tougher on this CPIO (i think you should !), then please let me know and I will draft a "special" RTI application only for him.

[joatmon]

Dear Karira,

Your response is terrific. Thanks a lot for your effort. At the same time, to be frank, I am terrified. Won't the Income Tax Department take unnecessary steps to tackle me, in the form of Raids etc. I am not afraid of getting caught, because there is no reason. But I am worried about the mental pressure and wastage of time and effort.

Additionally, I am not able to find who the officer for first appeal is. Please refer my earlier post dated 08-27-2008. Based on my CPIO (ACIT, Salary Circle VI), will it be possible for you to find from the attachment in that post? Is it Chief Commissioner of Income Tax, Chennai III or Chennai VI?

Thanks & Regards,
Suresh.

[karira]

Suresh,

I can make out that you are a salaried employee.
As a result all your income is official and tax is deducted at source.
What do you have to hide ?
In any case, you tried to get your refund by writing a ordinary letter first with no result. Only then you used RTI.

The First Appeal drafted, draws upon all official circulars. There is nothing in the First Appeal that you are saying which is against any official circular.

I will explain to you what has happened in your case:

This AC is "in-charge" AC, just holding the charge in the absence of someone else or when the post of your Assessing Officer is vacant (just see below the signature at the end of his letter). He did not want to take the trouble or make the effort to reply to your so called "controversial" RTI Application and thus take responsibility. He needs to pass the buck. So, he met up with the FAA and must have asked "Arey baba how to postpone this problem till the main person comes back or someone is appointed permanently to this post". And then they decided to send you this letter.

However, the choice to proceed is yours.

The FAA is :

Chief Commissioner of Income tax Chennai III, 121 M.G.Road, Chennai 600 034. Ph: 2833 8303.

This is as per http://www.incometaxindia.gov.in/CCI...us_Display.asp

(be careful. it opens only in IE)

[joatmon]

Karira,

It is not fear against any "official circular", but against "corrupt officials". But then, I have sent the appeal today.

Will update this thread of the outcome.

Thanks & Regards.

[jps50]

Pl note raids scrutiny etc are not decided at local level and are mostly computer generated keeping in view certain parameters fixed every year by CBDT. The operating staff has to carry out what is told from very high level and that too when the assessee is selected by computer programme.

[joatmon]

Just an update to the thread...

Have received a reply from CCIT-III stating
"... Your appeal papers have been forwarded to the Joint Commissioner of Income Tax, Salary Range VI, Chennai, as he is the First Appellate Authority in your case ..."

[joatmon]

Update-2: Have received a cheque on 22Oct, corresponding to FY 2005-06.
Three more (FY 1999-2000, 2001-2002 and 2003-2004) are awaited.

(1) One of the reasons I wasn't worried about the delay in the refunds was the belief that I would get proper interest. However the referred cheque has just the refund component without interest!!!
(2) By today it is one month since the first appeal is made. Apart from the referred cheque, there is no other communication.
Please let me know if I have to act. Thanks.

[karira]

Suresh,

1. Just check the date of filing of returns and the rules applicable for paying interest on delayed refunds. They are available in the "Citizens Charter" of the IT department available on the Income Tax website.
Along with the refund you would have got a statement showing the refund amount and the interest part.
Otherwise, another RTI application pointing out the part in the "Citizens Charter"

2. The FAA has 30 days to hear your First Appeal. He can take another 15 days provided he puts the reasons for the additional time taken, in writing. Just wait for another 10 days and call up the new FAA (the one to whom your appeal was redirected) and gently remind him about it. If he does not give any reply, call up the "old FAA" and remind him too. This will push them a bit.
Remember there is no "extra 5 days" to transfer First Appeal because there is no such provision in the RTI Act.

[jps50]

If U donot get proper reply or all refunds due within next 15-20 days, pl file second appeal with CIC by refering to my blogs at http://www.rtiindia.org/forum/blogs/...ic-format.html and http://www.rtiindia.org/forum/blogs/...uidelines.html. For interest I think U will have to lodge a complaint followed by RTI appln by refering to blog at http://www.rtiindia.org/forum/blogs/...ding-govt.html

[joatmon]

I have received a communication today from Joint Commissioner of Income Tax (i/c) Salary Ranges IV, V & VI / Appellate Authority under RTI Act.

Addressed to me and Copied to ACIT, Salary Circle - VI(i/c) / CPIO

QUOTE BEGINS
The appeal is against the letter of the Assistant Commissioner of Incometax, Salary Circle-VI(i/c), Central Public Information Officer, Chennai dated 8.9.2008 lodging the application of the petitioner.

The Assistant Commissioner of Incometax, Salary Circle-VI(i/c), Central Public Information Officer has lodged the application of the petitioner on the ground that the payment through Banker's Pay Order is not in order. He is directed to dispose of the petition on merits, keeping in mind the objectives of the Right to Information Act, 2005.

An appeal against this order can be preferred before the Central Information Commissioner within ninety days of receipt of this order
QUOTE ENDS

[joatmon]

Using this order, can the CPIO wait for 80+ days and then dispose of my application? This "ninety days" is giving good amount of breathing time to CPIO but a very long waiting time for me.

Thanks & Regards.

[karira]

Suresh,

The JCIT is passing the buck !

Your First Appeal specifically asked for you to be heard during the First Appeal. This has not been done and is bad in law.

If you have the telephone number of the JCIT, please call him up and tell him that he has disposed off your first appeal without giving you a chance to be heard. It is not only against the RTI Act 2005, the IT departments Citizen Charter but also against the principles of natural justice. he has also not given a time limit to the CPIO to provide the information. Either he conducts the hearing once again and passes appropriate orders as per your "prayer/relief sought" in the fist appeal or you will be constrained to take up the matter with the Director General of Income Tax, Ministry of Finance and file a Second Appeal with the CIC.

Simultaneously call up the CPIO (the Asst. Commissioner) and confirm with him as to what he plans to do about the First Appeal order.

Do not worry about the 90 day period. That is not for the CPIO to answer you but for you to file a Second Appeal to the CIC. You have enough time for that.

They are just trying to "test your patience".

If nothing works the option is to file a Second Appeal. Don't worry, it is easy and there is a ready made format for that.

[joatmon]