Feedback on tax evasion complaint- A consistent stand of CIC

The complainant has a right to know whether the information provided by him has been found to be false or true. It has been CIC consistent stand that feedback should be provided to the appellant once investigation into a tax evasion complaint has been finalised. Therefore, kindly remember that you have the right to get the broad outcome of the complaint but not the details of the investigations.

Blank ban on disclosure of information regarding the action taken on tax evasion complaints may not always be in the best interest of the state revenues. In fact, it may dis-enthuse the information givers as information givers are generally keen to know whether the information provided by them has been of some value to the authorities or not. Feedback on tax evasion complaint would motivate the information givers to provide further informations to the authorities and thereby enable them to curb tax evasion and enhance the state revenues.

In the present case too, the CIC ruled that “We accordingly direct the CPIO to disclose the broad outcome of the TEP to the appellant. Details of investigation are, however, not required to be disclosed.”

Feedback on tax evasion complaint

Vide RTI dt 15.5.12, appellant had sought information on 12 points relating to a TEP dt 31.3.11 against Shri Shyam Sundar. It was specified that the information is
required for the purpose of appellant’s defence in a criminal trial.
2 CPIO vide letter dt 8.6.12, informed appellant that on the basis of TEP, the case has been taken up for scrutiny for the AY 2006-07 by the IT authorities and till
the process is completed, no information can be provided.
3. Appeals was filed on 22.6.12 and 23.6.12.
4. AA vide order dt 17.7.12, directed the CPIO to dispose of the assessment proceedings on priority basis and inform the appellant of the outcome.
5. Submissions made by the appellant and public authority were heard. Appellant submitted that there has been a heavy tax evasion on part of his father in
law and he has provided complete information on this to the IT authorities. He alleged that the ITO had not done the assessment proceedings in a proper manner
and that he had made several complaints to the higher authorities. CPIO submitted that the assessment proceedings have since been completed and submitted to
higher authorities.

Feedback on tax evasion complaintDecision:

It has been the consistent stand of the Commission that some sort of a feedback should be provided to the appellant once investigation into a tax evasion complaint has been finalised. The complainant has a right to know whether the information provided by him has been found to be false or true. We accordingly direct the CPIO to disclose the broad outcome of the TEP to the appellant. Details of investigation are, however, not required to be disclosed.

In a similar case recently posted here:

Information givers on tax evaders are generally keen to know whether the information provided by them has been of some value to the authorities or not. Feed back in this regard would motivate the information givers to provide further informations to the authorities and thereby enable them to curb tax evasion and enhance the state revenues. Viewed thus, despite the office of DG IT (Investigations) being an exempted organization, it may not always be the best policy to deny some kind of feed back to the information givers. The CIC ruled that in case of information about tax evaders once the investigation is completed, the CPIO should inform the appellant as to whether the contents of the TEP were found to be true or false. Full details of investigation, however, need not be disclosed.

The appellant submitted that he has not been provided any response by the public authority, leading to the impression that the person against whom the TEP was filed, has ‘managed’ the IT authorities. AA submitted that the process of investigation into the TEP filed by the appellant is still ongoing.

– See more at: http://www.rtiindia.org/law/tax-evaders-feed-back-action-authorities-motivate-information-givers/252/#sthash.WjEw1Xlu.dpuf

A yet another matter related to enquiry reports can be read here! You can read numerous discussions over our forum here regarding tax evasions, how and where to file tax evasion complaints etc here. Here are also the numerous discussions regarding Exempt organisation and how to obtain information from them.

Posted in DG IT, Exempt Organisation
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One comment on “Feedback on tax evasion complaint- A consistent stand of CIC
  1. vinayak says:

    thanks for sharing the above CIC decision… please post more such decisions

    also please post IF you know IS this a case of false dowry case that lead to this complaint ???

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