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		<title>RTI INDIA- Right to Information - Blogs - karira</title>
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		<description><![CDATA[RTI India: Right to Information Online Community Portal. RTI India provides authentic, analytical and indepth help to citizens, Officers, NGO's and Government organizations on matters of Right to Information in India.]]></description>
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			<title>RTI INDIA- Right to Information - Blogs - karira</title>
			<link>http://www.rtiindia.org/forum/blogs/karira/</link>
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			<title>Maharashtra VAT on property developers</title>
			<link>http://www.rtiindia.org/forum/blogs/karira/3565-maharashtra-vat-property-developers.html</link>
			<pubDate>Thu, 25 Oct 2012 14:35:47 GMT</pubDate>
			<description><![CDATA[*_As per email received from Mr Sanjay Shirodkar (Maharashtra)_

Dear ALL flat owners*:

Greetings!

I had been to sales tax dept today and got to know,
1. about attached circular which says about MVAT has to pay by developer. It does not say that developer has to charge from flat owner and then pay to Sales Tax dept. 
2. more over this tax on developer is on their profit. (which they already must have made while selling the flat. They will not do loss making business) This point is verbal.
3. To avoid confusion on calculation govt has made overall 1% of the agreement value. This is clearly mentioned in attached circular on page 9 (last page) in second last para. 
3. The attached Supreme Court Order is "*temporary order pending final hearing. It says that builders shall pay MVAT. After final hearing if Court decides that MVAT is not payable, then State will have to return the same with interest to developer*." Again here there is no mention that developer has to charge from flat owner and then pay to Sales Tax dept.

There are chances that we will refuse to pay the same. To confirm this in writing and in lay man's language I am trying to meet Mr Sanjay Bhatia, Commissioner of Sales Tax (on monday oct 29, he would be in Pune office) if not Mr. R G. Bankhele the concerned Jt Commissioner (name mentioned in the attached circular) from local office.

If sales tax dept says to pay then I will pay on oct 31. Mind it money is not the issue. Ethical business and transparency is the concern!!

Believe me we the People of India can change the System if we fight as One UNIT. ]]></description>
			<content:encoded><![CDATA[<blockquote class="blogcontent restore"><span style="font-family: Arial"><b><u>As per email received from Mr Sanjay Shirodkar (Maharashtra)</u><br />
<br />
Dear ALL flat owners</b>:</span><br />
<span style="font-family: Arial"><br />
</span><br />
<span style="font-family: Arial">Greetings!</span><br />
<span style="font-family: Arial"><br />
</span><br />
<span style="font-family: Arial">I had been to sales tax dept today and got to know,</span><span style="font-family: Arial"><br />
</span><br />
<span style="font-family: Arial">1. about attached circular which says about MVAT has to pay by developer. It does not say that developer has to charge from flat owner and then pay to Sales Tax dept. </span><br />
<span style="font-family: Arial">2. more over this tax on developer is on their profit. (which they already must have made while selling the flat. They will not do loss making business) This point is verbal.</span><br />
<span style="font-family: Arial">3. To avoid confusion on calculation govt has made overall 1% of the agreement value. This is clearly mentioned in attached circular on page 9 (last page) in second last para. </span><br />
<span style="font-family: Arial">3. The attached Supreme Court Order is "<span style="font-family: arial"><b>temporary order pending final hearing. It says that builders shall pay MVAT. After final hearing if Court decides that MVAT is not payable, then State will have to return the same with interest to developer</b>." Again here there is no mention </span>that developer has to charge from flat owner and then pay to Sales Tax dept.</span><br />
<span style="font-family: Arial"><br />
</span><br />
<span style="font-family: Arial">There are chances that we will refuse to pay the same. To confirm this in writing and in lay man's language I am trying to meet Mr Sanjay Bhatia, Commissioner of Sales Tax (on monday oct 29, he would be in Pune office) if not Mr. R G. Bankhele the concerned Jt Commissioner (name mentioned in the attached circular) from local office.</span><br />
<span style="font-family: Arial"><br />
</span><br />
<span style="font-family: Arial">If sales tax dept says to pay then I will pay on oct 31. Mind it money is not the issue. Ethical business and transparency is the concern!!</span><br />
<span style="font-family: Arial"><br />
</span><br />
<span style="font-family: Arial">Believe me we the People of India can change the System if we fight as One UNIT. </span></blockquote>


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			<dc:creator>karira</dc:creator>
			<guid isPermaLink="true">http://www.rtiindia.org/forum/blogs/karira/3565-maharashtra-vat-property-developers.html</guid>
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		<item>
			<title>RTI Application for pending IT Refund</title>
			<link>http://www.rtiindia.org/forum/blogs/karira/326-rti-application-pending-refund.html</link>
			<pubDate>Tue, 17 Mar 2009 08:53:39 GMT</pubDate>
			<description><![CDATA[In view of several CPIO's (assessing officers) of the IT Department denying information under some sections of the RTI Act, attached is the new format for RTI Application for pending IT refunds.

1. The RTI Application has to be addressed to the CPIO, who is the same as your assessing officer (ITO/AC) of your ward/circle where you filed your IT return, in which you claimed refund.
2. File separate RTI applications for different years - one application for each year
3. As per the "Citizens Charter" of the IT Department, they normally take 9 months to process and give refunds, as counted from the end of the month in which you submitted your return. There is no point in filing a RTI Application before nine months are over.
4. The Name and Address of the CPIO (assessing officer) can be obtained from: 
Income Tax India (http://www.incometaxindia.gov.in/ccit/rtipage.asp)
Please scroll down to the bottom of the page, select the State and hit the "Go" button.
The above page ONLY works with Internet Explorer. Do not use other browsers.
Once a new page opens, click on the CPIO/CAPIO tab (blue colour) available at the top of the page.
5. The IPO for Rs. 10.00 can be purchased from the nearest Post Office.
6. For guidance on how to submit your RTI Application, please read: How to submit a RTI Application - RTI Guide (http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/how-to-submit-a-rti-application-16/)
7. The PIO has 30 days from the date he receives your RTI Application, to provide you the information.
Add another 5 or 10 days for postal delays.
8. If you do not get a reply from the PIO within 40 to 45 days from sending the RTI Application, it can be safely assumed that the PIO is not going to reply and provide you the information you sought.
This can be termed as "Deemed Denial" of information.
In such a case, immediately file a First Appeal for "deemed denial" of information. 
9. The format for such a First Appeal is also attached to this post.
10. Details of the First Appellate Authority (FAA) can be obtained from the same website, from which you obtained the details of the CPIO. Generally, it is the Joint Commissioner or Chief Commissioner, of that particular Range to which your ward/circle belongs.
11. The First Appeal has to be filed within 60 days of the date of your RTI Application. 

*If you face any problems, please DO NOT post your query here, but in the main forum under the section "Ask for a RTI Query": http://www.rtiindia.org/forum/ask-rti-query.html 

*Our helpful members will guide you further.

*Please also read: http://www.rtiindia.org/forum/48579-right-information-covers-info-tax-refunds.html

_Edit Update:_* *Many members have complained that the link of CPIOs on the IT web page does not open. 
The CPIO is the same as your Assessing Officer of the Ward/Circle where you filed the IT return, in which you claimed refund. Generally it is the ITO or Asst. Commissioner.
Just address your RTI Application to:

The Central Public Information Officer (CPIO)
under the RTI Act 2005
Assessing Officer
Ward/Circle Nr. XXXX
................
...........
........... (Postal Address)
..........*

 
 ]]></description>
			<content:encoded><![CDATA[<blockquote class="blogcontent restore">In view of several CPIO's (assessing officers) of the IT Department denying information under some sections of the RTI Act, attached is the new format for RTI Application for pending IT refunds.<br />
<br />
1. The RTI Application has to be addressed to the CPIO, who is the same as your assessing officer (ITO/AC) of your ward/circle where you filed your IT return, in which you claimed refund.<br />
2. File separate RTI applications for different years - one application for each year<br />
3. As per the "Citizens Charter" of the IT Department, they normally take 9 months to process and give refunds, as counted from the end of the month in which you submitted your return. There is no point in filing a RTI Application before nine months are over.<br />
4. The Name and Address of the CPIO (assessing officer) can be obtained from: <br />
<a href="http://www.incometaxindia.gov.in/ccit/rtipage.asp" target="_blank" rel="nofollow">Income Tax India</a><br />
Please scroll down to the bottom of the page, select the State and hit the "Go" button.<br />
<font color="Red">The above page ONLY works with Internet Explorer. Do not use other browsers.</font><br />
<font color="Black">Once a new page opens, click on the CPIO/CAPIO tab (<font color="Blue">blue colour)<font color="Black"> available at the top of the page.<br />
5. The IPO for Rs. 10.00 can be purchased from the nearest Post Office.<br />
6. For guidance on how to submit your RTI Application, please read: <a href="http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/how-to-submit-a-rti-application-16/" target="_blank">How to submit a RTI Application - RTI Guide</a><br />
7. The PIO has 30 days from the date he receives your RTI Application, to provide you the information.<br />
Add another 5 or 10 days for postal delays.<br />
8. If you do not get a reply from the PIO within 40 to 45 days from sending the RTI Application, it can be safely assumed that the PIO is not going to reply and provide you the information you sought.<br />
This can be termed as "Deemed Denial" of information.<br />
In such a case, immediately file a First Appeal for "deemed denial" of information. <br />
9. The format for such a First Appeal is also attached to this post.<br />
10. Details of the First Appellate Authority (FAA) can be obtained from the same website, from which you obtained the details of the CPIO. Generally, it is the Joint Commissioner or Chief Commissioner, of that particular Range to which your ward/circle belongs.<br />
11. The First Appeal has to be filed within 60 days of the date of your RTI Application. <br />
<br />
<b><font color="Sienna">If you face any problems, please DO NOT post your query here, but in the main forum under the section "Ask for a RTI Query": <a href="http://www.rtiindia.org/forum/ask-rti-query.html" target="_blank">http://www.rtiindia.org/forum/ask-rti-query.html</a> <br />
<br />
</font></b><font color="Sienna"><font color="Black">Our helpful members will guide you further.<br />
<br />
<b><font color="Blue">Please also read: <a href="http://www.rtiindia.org/forum/48579-right-information-covers-info-tax-refunds.html" target="_blank">http://www.rtiindia.org/forum/48579-...x-refunds.html</a><br />
<br />
<u><font color="red">Edit Update:</font></u></font></b><font color="Blue"><font color="red"><font color="black"> <b>Many members have complained that the link of CPIOs on the IT web page does not open. <br />
The CPIO is the same as your Assessing Officer of the Ward/Circle where you filed the IT return, in which you claimed refund. Generally it is the ITO or Asst. Commissioner.<br />
Just address your RTI Application to:<br />
<br />
The Central Public Information Officer (CPIO)<br />
under the RTI Act 2005<br />
Assessing Officer<br />
Ward/Circle Nr. XXXX<br />
................<br />
...........<br />
........... (Postal Address)<br />
..........</b><br />
<br />
</font></font></font> <br />
</font></font> </font></font></font></blockquote>


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				<legend>Attached Files</legend>
				<ul>
					
				</ul>
			</fieldset>
		

	</div>
<!-- / attachments -->
]]></content:encoded>
			<dc:creator>karira</dc:creator>
			<guid isPermaLink="true">http://www.rtiindia.org/forum/blogs/karira/326-rti-application-pending-refund.html</guid>
		</item>
		<item>
			<title><![CDATA[The famous 2' X 2' Board....]]></title>
			<link>http://www.rtiindia.org/forum/blogs/karira/160-famous-2-x-2-board.html</link>
			<pubDate>Thu, 16 Oct 2008 14:37:28 GMT</pubDate>
			<description><![CDATA[All the time we hear and talk about corruption, corruption and more corruption. Recently I had the opportunity to put various Authorities to test, as far as their sincerity to fight corruption.

A family member needed to get a mutation of his property from the local civic authorities. A particular file had to retrieved from the record room. Now, this is a PA where I am fairly well known, since I have not only filed several RTI applications, but have also trained their PIO's and done the Sec 4 implementation for them. The concerned lady officer tried her best for retrieving the record for about 4 weeks but failed. Finally, I was asked to retrieve it from the record room myself.

The "reason" for the delay soon became apparent and due demands  were made by the record room clerk and the peon. What surprised me was the brazen way that the demand was being made. I was made literally a prisoner in that room until I said that I do not trust you - first do the work then I will pay. They asked for another week to search the record (it pertained to 2001). A week passed and another visit was made only to be told the same thing again - pay or no record. Tried my best to convince them but once again they asked for another week.

On the next visit, when the record was still not retrieved, I lost my patience. I thought this is the time to put the 2' X 2' board you find in all offices, to test. The board gives the telephone number of CBI. A call was made to the number and a sleepy peon told me that no one is in office (at about 1230 Hrs). On my insistence, I was connected to the SP. He patiently listened to me and replied that CBI did not have the time nor was willing to put in the effort since the "amount" involved was very small. Each case costs them a lot of money and time and they cannot take up such small cases and waste resources. So, I asked him "Does that mean that the Government and the CBI wants me to pay that "small amount" and retrieve the record" ? "No sir, I am not saying that but what can we do?" "OK, in that case, please give me your name and I will complain to the higher authorities about what we have just discussed". 

After some arguments and gentle persuasion, the SP finally agreed to call the CEO of the Public Authority. Within 5 minutes a peon asked me to meet the CEO (the Administrative Head of the PA). I was first asked as to why I had not gone to him directly. I had to patiently explain that if I started disturbing the CEO for each small thing, he will waste his time too, just like the SP from CBI.

The two people were summoned and flatly denied having asked me the amount. Now, being a bit smart, I had recorded the conversations of my last two visits on my mobile phone. This was replayed to them and both started asking to be forgiven. I later came to know that one of them has in fact been given his job on "compassionate" grounds.

But the irony of the whole episode is that in spite of the two employees being warned/cautioned and threatened to be suspended, I was still not given the record. It took another 2 visits over the next 4 days to get the record from that room.

Just makes me wonder, why even waste public money on those 2' X 2' boards ?]]></description>
			<content:encoded><![CDATA[<blockquote class="blogcontent restore">All the time we hear and talk about corruption, corruption and more corruption. Recently I had the opportunity to put various Authorities to test, as far as their sincerity to fight corruption.<br />
<br />
A family member needed to get a mutation of his property from the local civic authorities. A particular file had to retrieved from the record room. Now, this is a PA where I am fairly well known, since I have not only filed several RTI applications, but have also trained their PIO's and done the Sec 4 implementation for them. The concerned lady officer tried her best for retrieving the record for about 4 weeks but failed. Finally, I was asked to retrieve it from the record room myself.<br />
<br />
The "reason" for the delay soon became apparent and due demands  were made by the record room clerk and the peon. What surprised me was the brazen way that the demand was being made. I was made literally a prisoner in that room until I said that I do not trust you - first do the work then I will pay. They asked for another week to search the record (it pertained to 2001). A week passed and another visit was made only to be told the same thing again - pay or no record. Tried my best to convince them but once again they asked for another week.<br />
<br />
On the next visit, when the record was still not retrieved, I lost my patience. I thought this is the time to put the 2' X 2' board you find in all offices, to test. The board gives the telephone number of CBI. A call was made to the number and a sleepy peon told me that no one is in office (at about 1230 Hrs). On my insistence, I was connected to the SP. He patiently listened to me and replied that CBI did not have the time nor was willing to put in the effort since the "amount" involved was very small. Each case costs them a lot of money and time and they cannot take up such small cases and waste resources. So, I asked him "Does that mean that the Government and the CBI wants me to pay that "small amount" and retrieve the record" ? "No sir, I am not saying that but what can we do?" "OK, in that case, please give me your name and I will complain to the higher authorities about what we have just discussed". <br />
<br />
After some arguments and gentle persuasion, the SP finally agreed to call the CEO of the Public Authority. Within 5 minutes a peon asked me to meet the CEO (the Administrative Head of the PA). I was first asked as to why I had not gone to him directly. I had to patiently explain that if I started disturbing the CEO for each small thing, he will waste his time too, just like the SP from CBI.<br />
<br />
The two people were summoned and flatly denied having asked me the amount. Now, being a bit smart, I had recorded the conversations of my last two visits on my mobile phone. This was replayed to them and both started asking to be forgiven. I later came to know that one of them has in fact been given his job on "compassionate" grounds.<br />
<br />
But the irony of the whole episode is that in spite of the two employees being warned/cautioned and threatened to be suspended, I was still not given the record. It took another 2 visits over the next 4 days to get the record from that room.<br />
<br />
Just makes me wonder, why even waste public money on those 2' X 2' boards ?</blockquote>

]]></content:encoded>
			<dc:creator>karira</dc:creator>
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