Need Help: rejection of application u/s 8 (d) & (j)

[dinu]

i had filled application under rti act with commercial tax officer tamilnadu
seeking information that have their office issued a said c form number to said dealer.
they have rejected my application under section 8 sub sec (d) & (j)
can any one help me regarding filling an first appel the proper grounds and decisions if any on these sections

[jiwateshwar]

Can we know what exactly is the information you seek?

[karira]

Originally Posted by dinu

seeking information that have their office issued a said c form number to said dealer.
they have rejected my application under section 8 sub sec (d) & (j)

If that is all that you asked for, Sec 8(1)(d) and 8(1)(j) have no relevance.

8(1)(j): There is no privacy issue involved in a C Form number and Name of a Dealer.
8(1)(d): A C-Form number and a Name does not have any relationship with a Competitive position, Intellectual Property, Trade Secret or Commercial Confidence.

Did the PIO give you any reasons for applicability of these two sections ? If no, that itself is a valid ground for appeal. The PIO cannot just quote the section number or quote the section ad-verbatim to deny information. He has to apply his mind and explain to the applicant as to how the sections under reference are applicable in the present case.

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However, C From (and other statutory) details are already in the Public Domain.
For example, in AP, you can get all details at:
Status of the Form Request
In TN, you can get all details at:
TINXSYS
(The above link obtained from: Tamil Nadu VAT - Commercial Taxes Department)

The Government has established a website: TINXSYS

the introductory paragraph of which says:

Tax Information Exchange System (TINXSYS) is a centralized exchange of all interstate dealers spread across the various States and Union territories of India. TINXSYS will help the Commercial Tax Departments of various States and Union Territories to effectively monitor the interstate trade.

TINXSYS can be used by any dealer to verify the counter party dealer in any other State. Apart from dealer verification Commercial Tax Department officials will use TINXSYS for verification of central Statutory Forms issued by other State Commercial Tax Departments and submitted to them by the dealers in support of claim for concessions.

You can also call a Toll Free number 1-800-2200-17 to get the same information on a ALL INDIA basis.

This CTO seems to be "sleeping" and dreaming about you giving "formality".

Isn't he aware of his own departments website ?

My dear friend, you are being denied some information which is already available to every Mohammed, Ram and D'Souza.

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Although your quest for information will end with the above references, please make it a point to go in for First Appeal and see to it that such CTO's are taken to task and do not harass any requesters of information in future. If you do not follow up this matter under RTI, to its logical conclusion, the same CTO will raise similar issues and harass future information seekers. He will continue to sleep and wait for "formality". The CTO will continue his antics even with you. I am talking from personal experience. Now that I have helped you, please do me (and to other fellow dealers) a favour.

"Pray" in the First Appeal that the said PIO should be sent not only for training in RTI but also be sent for retraining in his own departments work !

[snkmoorthy]

methinks the PIO is correct as you have asked for information about a third party; but the sections quoted do not apply; be that as it may, you may rephrase the question so as to make it a general question by asking for a list of people who have been issued a c form. in this way you can find out whether 'your' dealer figures in the list.

[jps50]

I also invite reference to my blog at http://www.rtiindia.org/forum/blogs/...decisions.html

[dinu]

thank you every one for your valuable sugessions as i have succeded in f.a.a
the appelate authority has instucted p.i.o to give me the details as asked, this not my sucess this the sucess of all thax once again