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ChatPat

Registered Post for 1st Appeal Returned. Reason "No Range or Ward Mentioned" - IT refund now received !

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ChatPat

Hi,

 

I had recently made a 'First Appeal' for my RTI because of 'Deemed Denial' by CPIO.

I had addressed my mail to the following address:

 

To:

The Higher Officer for First Appeal under RTI Act 2005

O/o. Commissioner Of Income Tax,

No: 59, HMT Bhavan,

Bellary Road,

Ganga Nagar,

Bangalore - 560 032

 

The registered post is returned with the reason "No Range or Ward Mentioned".

 

1. Is it necessary to mention the Range or Ward for first appeal ?

2. Are there different 'Higher Officer for First Appeal' depending on Ward ?

 

If so, Can someone provide the exact address for 'First Appeal' against:

 

CENTRAL PUBLIC INFORMATION OFFICER,

Income Tax Ward / Circle No 14(4), Income Tax Office,

No: 59, HMT Bhavan,

Bellary Road,

Ganga Nagar,

Bangalore - 560 032

 

3. Lastly, What will happen if I do the 'First Appeal' well after 30 days from the date i expected the CPIO to reply ?

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ChatPat

Thanks Taurus.

I checked the link and I think the correct address would be:

 

To:

The Higher Officer for First Appeal under RTI Act 2005

O/o. Commissioner Of Income Tax, R – 14,

No: 59, HMT Bhavan,

3rd Floor, Bellary Road,

Ganga Nagar,

Bangalore - 560 032

 

Could anyone confirm the above address for first appeal againt CPIO, Ward 14(4), Bangalore ?

Also, could some one answer "What will happen if I do the 'First Appeal' well after 30 days from the date i expected the CPIO to reply ?"

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karira

 

Also, could some one answer "What will happen if I do the 'First Appeal' well after 30 days from the date i expected the CPIO to reply ?"

 

It will be time barred.

You will have to start with a new RTI application all over again.

Unless you have a very valid excuse for not filing first appeal in time.

Then, it will be up to the FAA to condone the delay.

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cleancorruption

I would address like the below. I just make sure the address is correct from their web site.

I never had issues on the below. The mail dept should ideally sort out the addresses. Always make sure, you do not run out on the Statute of Limitations.

 

To:

First Appellate Authority

O/o. Commissioner Of Income Tax, R – 14,

No: 59, HMT Bhavan,

3rd Floor, Bellary Road,

Ganga Nagar,

Bangalore - 560 032

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smbhappy

You can still file the first appeal under the Proviso to Section 19(1) of the RTI Act (reproduced below in BLUE), citing reason that the IT department refused to accept the application as mere ward /address was allegedly not correct:

Section 19. (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

 

All Post Offices in India has been declared ACPIO. You can handover the Appeal to the Postal Authorities, without an envelop. PO will deliver it to the concerned FAA and give you the receipt. PO will also inform you about the delivery of the same after delivering the Appeal.

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ChatPat

Thanks karira and smbhappy.

 

I have one more question in this regard.

 

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

 

If I file under section 19(1) of RTI requesting the FAA to accept my appeal quoting the reason for delay as "Ward wasn't mentioned and the post being returned",

 

How will I know that my First Appeal is admitted and considered ? or is Rejected ?

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karira

The FAA has to reply to you in wither case - pass an order if it the appeal is accepted OR inform you if it is rejected.

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smbhappy

Also write in your first appeal that you may be heard before arriving at any decision on your appeal.

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ChatPat

Dear All,

 

Thanks for all your replies. I have filed the First Appeal.

 

  • How many days does the FAA has to reply to my appeal ?
  • What is my next action if I dont get any reply from the FAA ?

Thanks,

ChatPat

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aksmat

FAA is required to decide FA in 30 days subject to a maximum of 45 days whence he will note reasons for going beyond 45 days . Take it maximum of 50 days from the day it reaches the FAA . Do not wait more than this even if the FAA may tell you to wait .

 

If the FAA does not respond in above stated manner , go for 2nd Appeal before the CIC u/s 19(3) within 90 days from the date on which decision should have been made or the decision was actually received by you .

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smbhappy

FAA has legally 30 day to take a decision (45 days in exceptional cases for reasons to be recorded in writting for the additional time).

 

Next step depends upon the order of the FAA.

 

Either PIO comply and provide you the information; or

If you are still aggrieved, you move a complaint and/or Second appeal to the SIC/CIC

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taurus

Please see Sec 19 of the Act, especially this portion -

"6. An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing."

 

And also -

"3. A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time."

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ChatPat

Dear All,

 

Thanks for all your inputs for all the queries raised by me. :)

After filing the first appeal for 'Deemed Denial', I got all the refund that was due.

 

Initailly they tried to confuse and complicate by calling up and saying about some other Assessment Year other than the one I had applied for. Also forwarding the RTI to some other incorrect Ward, even though the ward i mentioned was correct.

Later, when I stuck to my stand of getting whatever information in writing... all things fell in place.

 

An electronic transfer was done to my account with interest and I got my refund. :)

I am really glad with the help received from all the members from this group.

Please move this thread to success stories.

 

Through RTI I got what i needed... Infact i haven't visited the IT department even once.

Just RTI-ing and Registered Post-ing. ;)

 

Happy RTI-ing.

 

Regards,

ChatPat

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karira

Congrats for your persitent efforts and your success !

 

Now that you have personally experienced the power of RTI, please help by spreading the word to your family members, colleagues, friends. neighbors and anyone else who is willing to listen.

 

RTI will be useful to them also.

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