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Tejaswy

Departments ommitted from RTI 2005

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Tejaswy

Well within a month of filing my first RTI to in Income tax department via a post office i got some 10 letter and a few phone calls telling me that Income tax dept was ommitted from the RTI Purview...

 

 

Now this is ****ing embrassing?

 

I was looking for the list of departments that have been omitted from RTI Power

 

and one more thing

 

I got a letter from the income tax deptment of patna which gave methe details of the raids carried out by them from 2000 - 2008 and the total amount seized by them and toalt amoutn imposed as fine..

 

 

I am having a change of heart about patna

 

Pardon my language please.....all this tension in mumbai and ...hope you understand.

 

RTI india.org rocks!!!!!!!!!!!!!

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sandeepbaheti

Tejaswy,

You need to be careful of your language when posting on a public forum. Tension in Mumbai is no excuse for that.

As for your query, Income Tax department is not omitted from RTI Act. The list of exempted organizations is available in the second schedule of the Act and IT Dept is not one of them.

They cannot refuse to reply to the application on this ground. If the PIO feels that the information requested is exempt under the Act he has to clearly explain the reason why such information is exempt. If he has not done that, you will have to file a first appeal against the PIO's reply. For help on how to file first appeal you may see the http:RTI Guide section.

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Dr. M. Faiyazuddin

Omission and Exemption are two different things. The former implies "not included by mistake" while the other refers to " deliberately keeping away" . You have written, "Income tax dept was omitted from the RTI Purview..." .Please remove your confusion and follow Sandeep's advices.

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Tejaswy

Sorry for the language...

well apparently i was given a excuse for not giving me the dara

 

I will give you the exact details

 

I asked

 

 

1.The details of the raids conducted bt the IT department through out india from the period 2000 to 2008

 

2.The amount of fine imposed on the person /defaulters

 

3.The net amount collected by the IT department

 

 

I got some 10 letter denying me that information on the grounds

 

Here is a exprect from a letter from K.R sadssivan nair The director general of income tax, from kochi

The information sought by you cannot be furnished under the Right to information act ,2005 as the directorate genral of income tax (investigation) is included in the second schedule,as provided in section 24 (2) of the act ,as per extra odinary gazette of india no 155 dated 28.3.2008 and accordingly excluded from the purview of the act.A copy of the notification is enclosed for information

 

yours faithfully

 

kr sadasivan nair

income tax officer (H) and cpio

The Dg of income tax

 

 

He also sent me a copy of the extra ordinary gazette

 

I do not hava scanner or else i could have uploaded the copy of the extra ordinary gazette

 

Come on...why do you guys think i would lie

 

 

I have some 9 more letter from different zones of income tax

namely

pune,

Hyderabad

kolkatta

punchkula

delhi,

kanpur

 

and i got a call from a chap called sarang from bombay telling the same thing ( i was out of house so the letter went back ....he was calling to confirm my address)

 

Lying is not kind of my thing

 

I was a taj hotel when "that" thing happened .... so my nerves are a bit shaken...

 

Sorry ....

I never actually cursed...did i ?

 

any way

[:D] Sorry

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Dr. M. Faiyazuddin

Why don't you prefer first appeal?

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Tejaswy

1st appeal...

 

I am kind of new here..could you please tell me exactly how do i do that?

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Dr. M. Faiyazuddin

Please Go to the Home page of this portal and read the procedure of filing first appeal. If a PIO refuses to answer an RTI query, first appeal can be filed against him to an officer who is senior in rank to him.

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sandeepbaheti

Tejaswy,

You did not tell lies, but there is actually a mistake in your first post. Directorate of IT (Investigations) is actually exempt. It's not the whole of IT Dept that is exempt.

Now let me tell you what actually happened. You asked about investigation details for the entire country. The information pertains to investigations directorate so the PIO forwarded your application to directorates of all areas. Each one separately replied that he is exempt under the Act.

 

Lesson learnt: Until you gather sufficient knowledge, take help from someone before filing an RTI application. And think about the volume of information you are asking before submitting the application.

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Tejaswy

Yes.

I learnt my lesson,It was fun,I learnt how powerful this tool RTI is and am making changes to my question.

So what exactly should i ask in my question ....

 

you know ....see all i want to know is

 

1.how many income tax raids have been conducted from 2000 to 2008

 

2. What was the total amount of money seized and fine imposed.

 

 

So if you could help me in writing the information in this regard that would be helpful

 

 

Please Go to the Home page of this portal and read the procedure of filing first appeal. If a PIO refuses to answer an RTI query, first appeal can be filed against him to an officer who is senior in rank to him.

 

It was very silly of me to ask this question.....Thank you for your reply.

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sandeepbaheti

So far as my knowledge goes this information pertains to Directorate of Investigations and so it cannot be obtained.

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