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sss_m19

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

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karira

File second appeal and also give the additional grounds (besides the others):

 

- That the FAA has not passed a "reasoned" order.

 

- The FAA has only acted as a senior administrative officer of the Public Authority and has not performed his role as a quasi-judicial authority, that is vested in him vide Sec 19(1) of the RTI Act.

 

Use following citations from Supreme Court orders:

 

(Original available here: Second Appeal cum Complaint to APSIC for incorrect and delayed information and FAA passing orders... - RTI Directory)

===============

 

The question merely is “ has the FAA been fair in dealing with my first appeal?” If he

has been casual, arbitrary, absent-minded, unreasonable or un-speaking then it should lead to the obvious conclusion that there has been no fair play.

“If no reasons are given in the appellate orders, then it is injustice to the natural

justice because quasi judicial obligations are giving reasons for order, since

justice is not expected to wear the inscrutable face of a sphinx” (Ibrahim Kunju

v.State of Kerala AIR 1970 Ker 65).

 

================

 

As per Sec 19(1) of the RTI Act, the First Appellate Authority is a officer who is higher in rank

than the PIO in a Public Authority. It is clear that the FAA normally performs Administrative

functions in the Public Authority but while hearing First Appeals under the RTI Act, he is

expected to perform a quasi-judicial function.

From the order of the FAA, it is quite obvious that he has routinely and casually passed the

mentioned order without bearing in mind the fact that he is now wearing a different “hat”. It is

not uncommon for quasi judicial authorities, whose normal functions are administrative in

nature for most of the time, to blur the distinction between the two functions that they

perform. So much so, that even the Apex Court was constrained to observe in Orient Paper Mill Ltd. v/s Union of India, AIR 1969 SC 48:

 

“It is regrettable that when administrative officers are entrusted with quasi judicial

functions, they are often unable to keep aside administrative considerations, while

discharging quasi judicial functions, though the two functions are separate. While

functioning as quasi judicial officers, they should not allow their judgements to be

influenced by administrative considerations”

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sss_m19

thanks for the reference..anyway shall post the second appeal here for perusal before sending..shall post here for further clarifications & doubts..

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jk.karthick

HI.,

i had also filed my First Appealate and based on that they called me for the hearing yeaterday. In my appeal i mentioned that the information provided by ITO is misleading and unsatisfactory. for this the addl.commissioner of Income Tax said the citizen charter is aonly published by public authority like him and said that the govenrment has passed a bill on parliament about the extension of period for refund. he also threatened me that he could be eligible for filing a case against me on the statement i quoted in the appeal for a compensation of 2 lakhs. Then laster he called an ITO and asked him to check my refund status. then later he checked in his system and said the refund application had been sent to the outsourced vendor (Infosys), they said it was CPC. he also checked with one of guy who works on the CPC and told that the refund has been dispatched to Mumbai office on 27th feb. so they asked me to wait for 10 more days.

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karira
for this the addl.commissioner of Income Tax said the citizen charter is aonly published by public authority like him and said that the govenrment has passed a bill on parliament about the extension of period for refund. he also threatened me that he could be eligible for filing a case against me on the statement i quoted in the appeal for a compensation of 2 lakhs.

 

1. If Parliament has passed a Bill and the IT department continues with its old Citizen charter, is that a problem of the Citizen or the Department ? That is precisely the reason why you said that the information provided was misleading !

 

2. The FAA cannot file any case against you (as an applicant and appellant) for seeking compensation in a RTI application or Appeal. There is no provision in the RTI Act for any such thing.

 

Next time it happens, just just ask him to state that in his order or take a copy of the RTI Act with you and ask him to shop where it is written that he can file a case.

 

================

 

Readers of this thread please also read:

 

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

 

 

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sss_m19

i sent the second appeal last week...waiting for response...

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sss_m19

I filled first appeal against ward 14(1) few weeks back. i got a call from one of the officials from 14(1) asking me why i did not send the information(resident status, bank statement from 2003-04 onwards, computation of income for the A.Y) they asked me. i told her that i will not be able provide the bank statement and other information i have already provided. on hearing that she asked me to send her a indeminify Bond in a 100 rs stamp paper with sign from notary as belowthen she will immidiately arrange for my refund.

"this is indem bond made on date by Name S/O Father's name and Address.

 

whereas i have filled my IT returns for the A.Y claiming refubd of Rs. wide acknld number. I hearby declare that i have not got the refund for the said A.Y neither in IT assessment or otherwise.

 

for the inconsideration IT depart accepting the said claim & giving necessary refund. i hearby undertake to indeminify the dept for any loss or wrong adj or misuse of the said refund order"

 

What is your suggestion? can i go ahead and send thisindemnify bond or NOT?

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karira

Yes, you can go ahead and give the indemnity bond.

 

But remember, that the RTI process continues....since in the RTI application you never asked for refund, but only asked for "information".

 

The fact that they are giving you refund based on your first appeal is another matter - not directly related to the RTI process.

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sss_m19

Hi Karira,

 

As mentioned in my earlier post (#30) in this thread, i filled my second appeal on 10th of march and it is now more than 1 month. I have not got any reply. Does this take this long for the reply? if it doesnt then what do i do now?

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ambrish.p

Dear Sarojini

 

It can take upto 06/12/18 months to come up for hearing.

 

regards

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karira

Sarojini,

 

(And also other members harassed by the PIO and FAA of Ward 14, Bangalore)

 

All of you will be encouraged by this order:

 

http://cic.gov.in/CIC-Orders/LS-31032010-03.pdf

 

The genesis of the present appeal lies in non-receipt of refund order for AY 2008-09 by the appellant. I have carefully perused the orders dated 8.6.2009 and 21.7.2009 passed by the CPIO & AA respectively and find that there is not even a whisper about the issue of refund order. This is not in line with the true spirit of the RTI Act.

2. The matter is called up for hearing today dated 31.03.2010. The parties have not appeared. Regardless of that, the case is remanded to Additional Commissioner of Income Tax, Range 14, Bangalore, with the direction to re-visit the matter and pass an appropriate order regarding the issue of refund order for AY 2008-09 as per law.

3. The order of the Commission may be complied with in 08 weeks time.

 

Maybe one of you (or all of you) would like to print out the above order and send it to the CPIO and the FAA - for information.

 

When any of your cases come up for hearing at the CIC, quote this order and demand that your case is similar and therefore the PIO and FAA are "repeat" offenders. Thus, the case squarely falls under Sec 20(2) of the RTI Act. The PIO should be recommended for "strictest" disciplinary as per Sec 20(2).

 

Sarojini,

 

Did you check the "status" of your second appeal on CIC ?

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sss_m19

Just now checked in CIC using the name & e-mail option..it says name does not exist..i did not know what is File no /2nd appeal no..i sent through speed post..so there is no chance of loss of delivery..

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sss_m19

hi karira,

An good news here..y'day went to IT office to give the indemnity bond for 2003-2004 refund..they immediately handed over the cheque . To my surprise even 2006-2007 refund cheque was given..for which i had filed the 2nd appeal..2007-2008 refund details was missing so they have asked me to bring the details again next week so that they shall immediately give the cheque..though i did not get any intimation regarding 2nd appeal..they have been called for my case itseems..any way due to 2nd appeal or recent CIC order to ward 14 ..they are acting fast..so i would like to specially thank Mr.Karira,jps50 and all other members who have helped me through out the process..

 

I would also like to suggest all the members who have to get the refund from ward 14, bangalore to go and visit the IT office to get their refunds..there is some difference in their working atmosphere..

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ambrish.p

Dear Sarojini

 

 

Congratulations on your success with RTI !

 

regards

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sss_m19

this thread can be moved to SUCCESS stories..

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ssavekar

Hats off to you for your persistence!

 

I also have a refund case pending in the same circle 14/1 of Bengaluru for which I have filed an RTI last week and reading your story was quite informative and inspiring.

 

 

hi karira,

An good news here..y'day went to IT office to give the indemnity bond for 2003-2004 refund..they immediately handed over the cheque . To my surprise even 2006-2007 refund cheque was given..for which i had filed the 2nd appeal..2007-2008 refund details was missing so they have asked me to bring the details again next week so that they shall immediately give the cheque..though i did not get any intimation regarding 2nd appeal..they have been called for my case itseems..any way due to 2nd appeal or recent CIC order to ward 14 ..they are acting fast..so i would like to specially thank Mr.Karira,jps50 and all other members who have helped me through out the process..

 

I would also like to suggest all the members who have to get the refund from ward 14, bangalore to go and visit the IT office to get their refunds..there is some difference in their working atmosphere..

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sss_m19

hi,

Responding here after a long break..earlier i had mentioned i had filed 3 rti applications & went for 2 Second Appeals..but before the hearing of second appeal itself i received 2 refunds..also they had asked for all the details(from form-16 to saral copy) for the pending refund be re-submitted for refunding the same(submitted in may)..he had promisied he shall refund the amount by 2 weeks time..later no response and he is out of station for training(period unknown)....i had received copy for second appeal hearing on 25/06/2010...but as the CPIO was absent on the day of hearing ..today i received the decision copy..herewith i am attaching the decision..

Post #43

if there is no response from CPIO within the said time..what should be my next step?

DSC01736.JPG

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Atul Patankar

The only effect of this appeal seems to be that the PIO has 28 more days to avoid responding!

 

If, as you fear, the PIO does not respond within this new time limit, you will have to once again complain to CIC for non-implimentation of CIC's order, and wait for 6 months for the hearing to be schedule.

 

And then the CIC will pass stinging remarks and express grave displeasure in his orders, but not order a penalty. The PIO will grow more bold!

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sss_m19

how to attach an image file?..tried with attachment option..but nothing seems to work.. so pasting the decision here...

 

FACTS:

The matter is called for hearing today dated 25.6.2010 through video conferencing. the parties has not appeared before the Commission. Hence, it has been decided to dispose of the mater on the basis of material on record. It is noticed that in the RTI application dated 26.11.2009, the appellant had,interalia, raised the issue of non-refund of Rs. 27,670/- by the Department for AY 2008-2009. The CPIO had also informed the appellant vide letter dated 14.12.2009, the Return has been sent to the CPC, bangalore and that time limit for such processing was 31st March,2010. The AA had affirmed the decision of CPIO vide order dated 21.1.2010.

 

2. I have perused the appeal memo filed by the appellant wherein he has mentioned that information on some of the points has not been given to him. I find some merit in his submission.

 

3. As noted above, while the information on the core point has been provided to the apellant, no information has been supplied on

other queries raised by the appellant. In this view of the matter, the CPIO is here by directed to re-visit the matter and provide para-wise information afresh to the appellant in 04 weeks of time.

 

(M.L. Sharma,CIC)

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karira

Just follow Atul's advice.

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refundcase

where is ITO Ward 14(4) office in bangalore and any contact numbers/people to reach out there for refund cases?

 

 

hi karira,

An good news here..y'day went to IT office to give the indemnity bond for 2003-2004 refund..they immediately handed over the cheque . To my surprise even 2006-2007 refund cheque was given..for which i had filed the 2nd appeal..2007-2008 refund details was missing so they have asked me to bring the details again next week so that they shall immediately give the cheque..though i did not get any intimation regarding 2nd appeal..they have been called for my case itseems..any way due to 2nd appeal or recent CIC order to ward 14 ..they are acting fast..so i would like to specially thank Mr.Karira,jps50 and all other members who have helped me through out the process..

 

I would also like to suggest all the members who have to get the refund from ward 14, bangalore to go and visit the IT office to get their refunds[/B]..there is some difference in their working atmosphere..

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ambrish.p

Dear Member

 

a. Please go through the earlier posts in this thread, u will get the address.

 

b. For future ref. : HOW TO LOCATE A PIO UNDER RTI ACT 2005 - RTI Guide

 

c. Please refer to the blog (by Karira Sir):

http://www.rtiindia.org/forum/blogs/karira/326-rti-application-pending-refund.html for a suggested format for RTI application and other details.

 

regards

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refundcase

can you post the link for the ITO address...didnt find:(

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