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IT refund from Ward 14 Bangalore - NOW received after long RTI process

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sss_m19

hi,

i have to get IT refund for 3 different years ..is it ok if i send 1 annexure A common with all information or 3 different letters for each year..or can i proceed 1 by 1..

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karira
hi,

i have to get IT refund for 3 different years ..is it ok if i send 1 annexure A common with all information or 3 different letters for each year..or can i proceed 1 by 1..

 

Please read:

 

http://www.rtiindia.org/forum/blogs/karira/326-rti-application-pending-refund.html

 

One RTI application for each year for which refund is due.

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sss_m19

thanks for the reply..i went thru it earlier..but did not notice the clause 2 properly...

another question..one of my IT refund of assessment year 2007-2008 is pending..but the problem is as i was out of the ountry..i received the form-16 & filed the returns by company auditor thru my friend..but he failed to receive the acknowledgement(saral copy)i have only the filled in saral as support..what has to be done in this case..how to prove them that i have filed..the auditor who filed is also not available in the company at present..guide me in this situation.is it possible to get the refund in this case?..amount is 13K +..

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sss_m19

refer here:

http://www.rtiindia.org/forum/blogs/karira/326-rti-application-pending-refund.html

 

one of my IT refund of assessment year 2007-2008 is pending..but the problem is as i was out of the ountry..i received the form-16 & filed the returns by company auditor thru my friend..but he failed to receive the acknowledgement(saral copy)i have only the filled in saral as support..what has to be done in this case..how to prove them that i have filed..the auditor who filed is also not available in the company at present..guide me in this situation.is it possible to get the refund in this case?..amount is 13K +..

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jps50

Sarojini, please take help of a Chartered Accountant or Incometax Practitioner at your place.

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sss_m19

i had said i have to get refund for 3 different financial years..but i just noticed that all three returns have been filed in different wards of bangalore by different auditors..is that normal?

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Atul Patankar
all three returns have been filed in different wards of bangalore

As far as RTI application is concerned, this does not matter. Just address your applications to the respective assessing officer.

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ambrish.p

Dear Sarojini

 

Kindly do not make multiple threads/posts for the same query. Three such posts have been merged in this thread.

 

regards

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sss_m19

hi,

i had filed rti for 3 different refunds 10 days back..last week i received acknowledgement for 2 but did not receive for 1..1 was for ward 14/3 & 2 applications for ward 14/2..recieved acknowledgement from ward 14/3 & 1 from 14/2..what to do abt the other acknowledgement..should i enquire about it from the post office?..today i received call from ward 14/3 and have requested to come in person to sort out the issue..

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karira

When you are visiting that office, also enquire about your third RTI application with the concerned person.

 

Maybe they confused the issue and thought the two separate RTI applications were for the same year.

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sss_m19

ok..shall update u on further developments..

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sss_m19

Hi Karira,

 

I went to the IT office today (since in their reply they asked me to come in person) to check on all the 3 RTI applications(requesting refund for assessment years 2002-03,2006-07 & 2008-2008) i filled and below is the reply i got from the ITO(s) for the 3 aplications

 

1. for 2002-2003 (ward 14(3)) - "Your PAN data is liying with ITO Ward 2(1)-International Taxation and hence status of this refund is not known. So please contact that office with details of your bank account"

2. for 2006-2007 (Ward 14(2)) - SAME ANSWER AS ABOVE

3. for 2008-2009 (ward 14(2)) - "This is to inform you that your returns have been sent to CPC (central proccessing center) and will be processed there. as per the income-tax act, 1961 the prescribed time limit for processing of returns of assmnt. yr. 2008-2009 is 31.03.2010. youe are requested to wait for couple of months by which time you will get your refund for 2008-09"

 

Note : Later this evening i got the above replies in a letter for each ward in reply to my RTI application form.

 

while comming back from IT office, I also went to the international taxation ward 2(1) and met the ITO. I explained her all this, she told me this "you PAN data may be liying with me but you have filled your returns with those other wards(14(1/2/3)) and they have to process the request. Those wards need to send a request to me to Transfer the PAN data and i will not be able to provide any more information to you now because the returns for the concerned years are filled with them". She also told me that "please write a letter to them that you met me and i have told you this and ask them to raise a request for PAN transfer".

 

....long story han..ok..with the above information i have couple of questions

1. What do i need to do now for all the above 3 cases? go ahead with first appeal? or as the other ITO asked..write a letter to them explaining about my visit to intnl. taxation ward?

2. what do they mean by PAN data lying with other ward.all the data for a PAN number should be in a central computer right?

2. other thing i am confused is..they say they dont have PAN data..but how is that they know that my retruns are sent to CPC?

 

Thank you in advance for your kind reply.

 

Regards,

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karira

You filed RTI applications for getting "information".

Did you get the information you asked for ?

 

If No, then file a first appeal. The grounds for first appeal will depend on which format of the RTI application you used. Did you use this one : http://www.rtiindia.org/forum/blogs/karira/326-rti-application-pending-refund.html ?

 

For 2008-09, the information given to you is a blatant lie !

 

The Citizens Charter of the IT department is available here: Income Tax India

 

Item Nr. 2 of the "We Aim" is:

 

to issue refund along with interest, if any within 9 months from the end of the month in which the return complete in all respects is received.

 

Hasn't that Officer who met you read the Citizen Charter of his own department or is it that he cannot calculate ?

 

For AY 2008-09, you would have filed the IT return latest by July 2008. Add another 9 months and you get March 2009. We are now in December 2009 !

 

Go back and show him that Citizen Charter. Still better go meet his boss - it will be a Addl. CIT and show him the charter and tell him what the officer told you. Ask him point blank - which is correct ? The Citizens charter or the officer ? If he does not act on the spot, tell him that you will complain to the Chairman of the Central Board of Direct Taxes.

 

Also mention to the Adnl CIT about the politics being played between the first two officers (PAN Transfer) and the third one. It is not the Citizens business to solve political issues within the Government. Let the Adnl. CIT get involved and do what he wants to do.

 

But, nevertheless file First Appeals for all three RTI's and carry the process to its logical conclusion.

 

I think I warned you before about this Ward 14(2) in Bangalore. Looks like this officer needs to be taught not only the RTI Act but also the Rules and Regulations of his own department.

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sss_m19

thanks for the reply..yes, i have used the same RTI application mentioned by u..anyway going to file first appeal t'rrow..shall update on further developments..

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sss_m19

please confirm the address to which first appeal is to be sent:

CCIT,

WARD 14(2),

HMT BHAWAN

BELLARY ROAD

BANGALORE

(or)

 

DCIT/ACIT CIR 14(2)

HMT BHAWAN

BELLARY ROAD

BANGALORE

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karira

Sarojini,

 

Demerged all posts related to your matter to a new thread

 

The FAA will be CCIT - III, Bangalore

 

The address is:

 

CENTRAL REVENUE BUILDING

Address NO. 1

QUEENS ROAD

City BANGALORE

Pin 560001

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sss_m19

Hi Karira,

 

Below is the letter i am planning to send for the reply "Your PAN data is liying with ITO Ward 2(1)-International Taxation and hence status of this refund is not known. So please contact that office with details of your bank account" i got from CPIO for my first RTI application with ward 14(2).

 

I am putting only the main contents. Please Validate

----------------------------START--------------------------------------

GROUND FOR FIRST APPEAL:

 

As per Section 7(1) of the RTI Act 2005, the PIO was to give ALL the requested information within 30 days of the application, that is before 26-December-2009.

 

Since, REPLY RECEIVED FROM CPIO IS MISLEADING, INCOMPLETE AND UNSATISFACTORY to my RTI Application as per Section 7(1), this First Appeal is made under Section 19(1) of the RTI Act 2005.

 

As per the Reply (herewith attached for your reference) from CPIO, I contacted the ITO Ward 2(1), International taxation, R.P.Bhavan, Bangalore and below is her reply

 

"Your PAN data may be lying with me, since you are an Indian Resident and your returns are filled with the ward- 14(2), they only have to process the request. And I will not be able to process your case or provide you any information. Also ward is not supposed to ask YOU to contact other wards; it is individual ward’s responsibility to send a request to concerned Ward to Transfer the PAN data”. She also told me that "In your further correspondence you can mention that you met me and I have told you this and ask Ward 14(2) to raise a request for PAN transfer".

 

I believe Rules are same irrespective of the Wards. Why there is a difference of understanding between Ward 14(2) and Ward 2(1) in processing my request?

 

If my PAN is lying with another department, as per the RTI act section 6(3), the officer of the ward should have sent/transferred my application to the concerned Ward and informed me on the same. This did not happen in my case, why?

 

In the same ward 14(2) I also filled a separate RTI application (“Application for information under Sec 6(1) of the RTI Act 2005 dated 26-November-2009”), enquiring about Refund of Rs.27,670.00 for the assessment year 2008-09. The reply I received via RTI/ITO W 14(2)/09-10 dt.14/12/2009 (Herewith attached as ANNEXURE III) states that “The returns for 2008-09 have been sent to the CPC and will be processed there”. This application is for the same PAN number.

 

For the first application (for Assessment year 2005-06) the response is “PAN data is lying with another department and status of your refund is not known. Please contact ITO ward 2(1)”. For the second application the response is “returns are sent to CPC”. These are 2 contradictory responses from same ward 14(2), for the same PAN Number. Please explain?

 

MY “PRAYER/PLEA” IN THIS FIRST APPEAL:

 

1. Instruct the CPIO, in writing, to give complete information as requested in my above mentioned RTI Application and also the information I have requested in this application

 

2. Issue a written warning to the CPIO, under the present Rules and Regulations of Service, instructing him that he should adhere and respect to the Rules specified in the RTI Act 2005 in its letter and spirit.

 

3. Inform the concerned CPIO that the appellant will move a Second Appeal before the Central Information Commission (CIC) under Section 19(3) and will demand imposition of Penalty under Section 20 of the RTI Act, at the rate of Rs. 250.00 for every day of delay (subject to a maximum of Rs. 25,000.00) from the date the information was due till the date the information is actually given to me.

 

4. As per Sec 7(6) of the RTI Act, the PIO should be instructed to provide me the complete information “free of cost” since he has delayed the information beyond the 30 days mandated in Sec 7(1) of the RYTI Act.

 

5. I would like to be present during this hearing of First Appeal under the RTI Act 2005.

 

Kindly therefore, inform me in advance about the date, time and venue of the First Hearing scheduled by you, so as to enable me to attend the same.

-----------------------------END----------------------------------------

 

This is the letter i planning to send for the reply "as per the income-tax act, 1961 the prescribed time limit for processing of returns of assmnt. yr. 2008-2009 is 31.03.2010." i got from CPIO for my second RTI application with ward 14(2)

 

------------------------------START------------------------------

As per Section 7(1) of the RTI Act 2005, the PIO was to give ALL the requested information within 30 days of the application, that is before 26-December-2009.

 

Since, REPLY RECEIVED FROM CPIO IS MISLEADING, INCORRECT AND UNSATISFACTORY to my RTI Application as per Section 7(1), this First Appeal is made under Section 19(1) of the RTI Act 2005.

 

The Reply (herewith attached for your reference) from CPIO states that “As per Income tax Act, 1961, the prescribed time limit for processing of returns of A.Y.2008-09 is 31.03.2010. You are requested to wait for a couple of months by which time you will get your refund”.

 

As per the CITIZENS’ CHARTER, MARCH -2007 (INCOME TAX DEPARTMENT, GOVERNMENT OF INDIA)

“We aim :

To issue refund along with interest, if any within 9 months from the end of the month in which the return complete in all respects is received.”

 

My returns for mentioned A.Y. 2008-2009 was filled on 14-July-2008 and as per citizens charter I should have received my refund by April-2009 (9 months). Please explain?

 

 

MY “PRAYER/PLEA” IN THIS FIRST APPEAL:

 

1. Instruct the CPIO, in writing, to give complete information as requested in my above mentioned RTI Application and also the information I have requested in this application.

 

2. Issue a written warning to the CPIO, under the present Rules and Regulations of Service, instructing him that he should adhere and respect to the Rules specified in the RTI Act 2005 in its letter and spirit.

 

3. Inform the concerned CPIO that the appellant will move a Second Appeal before the Central Information Commission (CIC) under Section 19(3) and will demand imposition of Penalty under Section 20 of the RTI Act, at the rate of Rs. 250.00 for every day of delay (subject to a maximum of Rs. 25,000.00) from the date the information was due till the date the information is actually given to me.

 

4. As per Sec 7(6) of the RTI Act, the PIO should be instructed to provide me the complete information “free of cost” since he has delayed the information beyond the 30 days mandated in Sec 7(1) of the RYTI Act.

 

5. I would like to be present during this hearing of First Appeal under the RTI Act 2005.

 

Kindly therefore, inform me in advance about the date, time and venue of the First Hearing scheduled by you, so as to enable me to attend the same.

----------------------------------END----------------------------------

 

Regards,

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karira

The first appeals are perfect.

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sss_m19

thanks..i have sent the First Appeals.shall post on further developments..

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sss_m19
Sarojini,

 

Demerged all posts related to your matter to a new thread

 

The FAA will be CCIT - III, Bangalore

 

The address is:

 

CENTRAL REVENUE BUILDING

Address NO. 1

QUEENS ROAD

City BANGALORE

Pin 560001

 

i had sent the FA to above said address..they have forwarded the FA to the below address mentioning they are FAA for ward 14(2)

 

The Additional Commissioner of Income Tax,

Range-14,

No:15, HMT Bhavan,

4th Floor,Bellary ROad,

Ganga Nagar,

Bangalore -560 032

 

Mentioning it here as it will be useful for other bangalore 14(2) complainants..

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karira

Even though the FA has been redirected to the correct person, the same time limit applies - 30 or 45 days.

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sss_m19

Today received letter to appear in person on 20th jan for the appeal(for both FA's i suppose..)..

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sss_m19

hi karira,

Attended the appeal..but of no improvement..FAA to says the same irresponsible answer like data not available with ward 14(2) & it's available with intenational taxation only..so we have to get data from them..for AY 2006-2007..& he has told to submit the form-16 copy for immediate action..

for AY-2008-2009..it is too early to expect the refund & it will take march 2010..it has been sent to the CPC ..

the same old replies already given by the PIO..so can i go for second appeal..or give the form-16 to see whether they take any action(but i don't believe the words)..

the international taxation has send letter stating that they don't have any entry made for the specified AY's..don't understand whether they really work or not..

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karira

Go for Second Appeal.

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sss_m19

Yet to file second appeal..

Meanwhile received letter from FAA describing..

 

"The Assessing Officier vide letter dated 14/12/09 has disposed off the above application for AY 2008-09 on the grounds that the return has been sent to central Processing Centre and the time limit for processing of return is 31/3/2010 and in respect of AY 2006-07 that the PAN lies with ITO,W-2(1)(Intl.TAx) and status of refund not known.

 

The appellant filed appeal dated 29.12.2009 before the undersigned letter dated was sent to the appellant posting the case for hearing on 20/01/2010. In response to this, the appellant appeared on 20/01/2010.Case disussed. Apellant not able to state why the order of the CPIO is wrong. Appeal is disposed off as under.

 

I find no infirmity in the order of the CPIO , as nothing has been brought on record to show why the order of CPIO is wrong.In the absence of any such material the appeal is dismissed."

 

Finally they put the blame on me saying no supportive material..

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