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    IT Refund through RTI ?


    I would like to hear back from you fellows about the procedure that i am trying to adapt to get my old refund from the TN Income Tax. This is for the assessment year 2001-02. This was filed initially in the Nungambakkam IT office. Since i was constantly on out-of-country assignments i lost the original SARAL with the ackn for this particular assessment year and was totally lost on what i should do. Also, we shifted our house as well sometime in 2003. As per my auditor's advice, i obtained a duplicate copy of the FORM16 from my employer for the same financial yr and refiled the Refund by Jan 2005 at the ITO Tambaram as i was told the salaried-letter P moved to this office lately. I waited,waited,waited to hear back something on that but unfortunately no response. I sent a formal letter to the assessment officer through Reg-AD , did not hear back anything. I asked my auditor to personally speak to the Assessment officer. After pestering the Assessment officer for couple times thru my auditor all thru 2006, i realised that i should not wait any longer. I filed my RTI application asking for the status at the PIO, Tambaram by 10th April 2008, but did not hear back anything from them. I filed my First Appeal on 31 May 2008 to the Chief Commissioner of Income Tax and now waiting / hoping to hear back.

    Now, this waiting time is really killing me since i m planning to move out of country in few months and there is no one to follow up here on this matter on behalf of me .. I want to settle this down in few weeks.

    Kindly let me know if i have done anything wrong or if there is something that i can still do to expedite the process of getting my refund , please suggest.

    Refund amount is around 11k and if i add the Interest part that IT has to be given, it will be a huge figure hence i really cant go out of my hands at any case.

    What is to be done if i dont hear back for my FAA and also how long i can/should wait after sending the First Appeal ?

    This is Indeed an Informative website broadcasting about the power of RTI.

    thanks everyone for the good work


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  2. #2
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    Re: IT Refund through RTI ?


    Just recheck that your initial RTI Application / Fees / etc. was as per the RTI Rules applicable to the central Public Authorities.
    These days, the IT department has designated all Assessing Officers as the CPIO.

    The FAA has 30 days to reply to your First Appeal. He can take another 15 days extra if he gives the reasons for the extra time in writing.

    There is not much you can do except wait till 15 July and a few days more to account for postal delays. If you do not hear from him till then, you can file a Second Appeal under Sec 19(3) cum a Complaint under Sec 18(1)(c). The Second Appeal has to be filed in a specific format with the CIC, New Delhi.

    Please visit the "Guide" segment of this forum for further details. You can also access the RTI Act online at www.rtiindia.info

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    Re: IT Refund through RTI ?


    Thanks a lot for your advice. I filed my initial RTI with the Rs.10 court fee stamp as this is accepted for TN RTI Rules. I sent the same through the Reg AD. As per the Reg Ack# the initial RTI was received on 16th April as it has the seal and date of the Income Tax office, so i waited till 31st May to make the FAA ( 30 days + 15 days grace period for them to respond ). I would wait till 15th July as you advice and if no reply recd i will make the Second Appeal. Thanks a lot for your assistance.

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    Re: IT Refund through RTI ?



    You should have filed RTI application with Indian Postal Order of Rs.10/- and hence PIO/AA are silent. They do not guide you on correcting defect in applications. IT Dept is under central govt. and hence rules of central govt are applicable. Pl visit my recent blog for refund of Income Tax and refile application accordingly. If you have lost ackt-copy of return, send copy of income tax return or details of date/month of filing, so that they can trace at their end. I think in 2001-02 dept was not fully computerised and hence locating the same would be difficult. You may ask for inspection and help trace out the original return etc. The dept maintains a register containing details of returns filed in chronological order. U can locate your return filing details from this register.
    It takes each of us to make difference for all of us.

  5. #5
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    Re: IT Refund through RTI ?


    Param,

    As indicated by jps50, your RTI Application is not correct since the mode of payment of fees is not correct.

    Either apply afresh.
    OR try to salvage the situation by sending a IPO of RS. 10, to the PIO and refer to your original RTI application (enclose a copy) requesting him to accept the "new mode of payment" and ignore the court fee stamp that you sent earlier.

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    Re: IT Refund through RTI ?


    Folks, I refered this RTIIndia.org Title : 'RTI Application/First Appeal/Second Appeal Fees and Mode of Payment'. In that it confirms that Court fee stamp is a valid mode of payment for TN state. I believed that it is applicable for the Income Tax dept as well.
    At this juncture, I seem to have received a reply to my FAA yesterday which states that my query is forwarded to the concerned officer to look into it and a unique query/complaint number is given for the same for further follow up. I am not sure if this means that my initial RTI application with the Rs.10 court fee stamp was accepted though i did not send any cash/court fee for the FAA as its not required for the appeals. Anyway, If you guys are 100% sure that this is not a valid mode of payment then i must wait for few weeks and act on sending the letters again with the PO or cash as you advice. thanks for your time and effort in responding to my queries. This website rocks !!

  7. #7
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    Re: IT Refund through RTI ?


    Param,

    The thread you referred and the information given therein is correct.

    However, the Income Tax Department falls under the Ministry of Finance and that is a Public Authority under the Central Government. Therefore, Central RTI Rules apply, irrespective of the fact that you and your IT Ward/Circle are both in Tamil Nadu.

    Now that the AA has replied to you, just follow it up for a few weeks and if no response, do as suggested earlier.

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    Re: IT Refund through RTI ?


    Sure. Thanks a lot.

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