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  1. The Commission, in letters written to CBDT in November 2017 and April this year, had sought clarification on whether the poll panel could allow the public to access reports on the verification of election affidavits by the Director General of Income Tax (Investigation) under the Right to Information (RTI) Act. The EC, The Indian Express has learnt, is of the view that since a verification report is not an investigation report, its disclosure should not be restricted under Section 24 of the RTI Act, which exempts certain organisations from being covered under this law. This includes the Director General of Income Tax (DGIT). The Commission has further argued that such disclosures are in the interest of voters and will empower aggrieved or interested persons (such as losing candidates) to file a complaint or an FIR against the elected lawmaker under Section 125A of the Representation of the People Act, 1951 for providing false information in the election affidavit. But in its response sent last month, the CBDT has told the EC that disclosing the verification report is not “feasible” since it would be in contravention of Section 138 of the Income Tax Act. Section 138 prescribes a general prohibition on furnishing any information with regard to an assessee under the IT Act. It has also mentioned that such disclosures are punishable.
  2. The CBDT has told the EC that disclosing the verification of election affidavits by the Director General of Income Tax (Investigation) under the Right to Informatio is not “feasible” since it would be in contravention of Section 138 of the Income Tax Act. The Commission, in letters written to CBDT in November 2017 and April this year, had sought clarification on whether the poll panel could allow the public to access reports on the verification of election affidavits by the Director General of Income Tax (Investigation) under the Right to Information (RTI) Act. The EC, The Indian Express has learnt, is of the view that since a verification report is not an investigation report, its disclosure should not be restricted under Section 24 of the RTI Act, which exempts certain organisations from being covered under this law. This includes the Director General of Income Tax (DGIT). The Commission has further argued that such disclosures are in the interest of voters and will empower aggrieved or interested persons (such as losing candidates) to file a complaint or an FIR against the elected lawmaker under Section 125A of the Representation of the People Act, 1951 for providing false information in the election affidavit. But in its response sent last month, the CBDT has told the EC that disclosing the verification report is not “feasible” since it would be in contravention of Section 138 of the Income Tax Act. Section 138 prescribes a general prohibition on furnishing any information with regard to an assessee under the IT Act. It has also mentioned that such disclosures are punishable. View full entry
  3. Priya De

    Problem of Plenty: One RTI - 1000 Replies

    Neemuch-based RTI activist Chandrashekar Gaur has a problem of plenty. He has received 1,170 letters so far to a single RTI query he had filed in February. This is not the end as letters keep pouring from all across India. On February 25, Gaur filed an online RTI query with Central Board of Direct Taxes(CBDT) seeking ‘consolidated’ information on total tax arrears in the country. “This is an online request, so I request you to reply on my email address and online only, and support digital communication,” he wrote in his query. But instead of providing consolidated information, CBDT transferred the petition to all regional offices which then forwarded it to their ward-level offices that are now replying individually to Gaur. To have an idea of how long this may go on, some cities may have more than 100 ward-level offices. Till Saturday, I had received 1,148 replies and 22 letters came in today (Monday), so I have 1,170 replies so far,” Gaur said. After a pause, he added: “But still not the answer I sought.” Gaur said the I-T department must have spent over Rs 50,000 on sending letters to him. “This is waste of public money. When I filed the query online and sought replies, there was no need for so many letters. Moreover, I had sought consolidated information and not ward or circle-level data,” he added. Gaur said replies have come from across the country.
  4. Vaishnavi jairaman

    To know income details

    I have pan card number of my husband and his business and family businesses . Will I be able to get the returns statement of the same from rti ?
  5. Hi Please bear with me as I am going to share bit detailed overview pertaining to my RTI application to IT department as I think it will help you guys understand the whole scenario bit better and will help you provide me better options/solutions/reply in order to draft my first appeal .So here are chronology of events 1) I have filed a complaint with evidence to Income Tax department in relation to disproportionate assets/Black Money of third person. 2)Since IT department initiated no action & against whom the complaint was made got the details of my complaint though not through me . 3) In order to inquire what is really going on, I have filed an RTI to Ara Jhandewalan which was returned back to me with remark "refused" 4) Seeking no option I filed another RTI to DEPUTY COMMISSIONER (HQRS-ADMN) who forwarded my RTI application to Ara Jahndewalan for reply u/s 6(3). Here it is pertinent to mention that in the same RTI I have mentioned that my RTI was refused by PIO Jhandewalan. 5) Now I have received reply copy of which is enclosed here in which information is denied to me u/s 24(1) of Act alongwith Judgement dated 26/2/2016 of HOn'ble High Court W.B.©6030/2013& CM APPL 13275/2013. 6) In the said reply by PIO it is also mentioned that this RTI doesnt involve matter of corruption. a) So Now my question is if I am asking about information related my complaint in the matter of disproportionate asset ,How come RTI dont involve matter of corruption? b)Why ARA Jhandewala PIO refused my RTI in the first place ? c) Is PIO trying to save the person against whom complaint was made ? I am unable to understand How can I incorporate all the facts in my appeal so that I can receive information I am asking . Is there any Supreme Court /CIC/ High Court Judgment available which can help me .As per my knowledge CIC is in favour of providing information to the complainant related to investigation by the Income Tax department but not sure about the details or order issued by it . d) Is the Judgment shared by PIO really relevant in my case ? Please share your views and thoughts which could help me in drafting my First appeal. Thanks PIOreply.pdf
  6. Dear SirThis is to inform you regarding Mr. Mehmood Malik S/o Mohammed Akbar residing in I-18 DDA Flats Turkman Gate New Delhi 110006 who has evaded Income Tax Returns to the tune of 24-30 Crores and has recently demonetized Black Money in cash unto 3-4 crores in new currency notes. Moreover, he possess crores of unaccountable cash & gold jewelry. For years, he has evaded Income Tax through undisclosed black income and has strategically invested his black money in multiple benami properties such as 2-3 houses & 3 shops in Turkman Gate, Asaf Ali Road New Delhi. Apart from that, he also possess illegal properties through black money hoarding in Connaught Place and Zakir Nagar. He has converted his black money in old notes into new currency and parked his funds at bank accounts in Indian Overseas Bank Prakash Deep Building Tolstoy Marg New Delhi. He has committed multiple criminal offense by filing false & deceptive statements under provision of Section 239 under Income Tax Act. He is involved with black money, illegal assets, filed false Income Tax returns, evaded taxes & possess unaccountable wealth invested in cash, jewelry & various properties in New Delhi. Please do the needful as he is involved with multiple illegal & criminal acts & violated sections under Income Tax Act & Black Money through undisclosed Income & unaccountable illegal assets.Thank YouDevender Kumar
  7. Acceptance of RTI application/appeal Accept the RTI applications without asking the reasons for making the application, as asking for the reasons for making the application is in violation of Sec 6(2). Do not insist on countersignature by some particular officer. Make necessary suitable arrangement to receive the application for information/appeal in the absence of nominated officer/official. Accept the RTI application fee in the mode prescribed by Nodal Department i.e. Department of Personnel & Training. Mode of RTI application fee are i) Cash; ii) Demand Draft; iii) Bankers cheque; and iv) Indian Postal Order. There is no fee prescribed for appeals. The RTI Act does not provide any standard form of application for information. The Nodal Ministry of the Government of India has also not prescribed any format for application. Hence the Department cannot insist on a particular format of application and no application can be rejected on this ground. The RTI application shall be received by any Central Public Information Officer (CPIO), in those offices where there are several CPIOs having different jurisdictions. It would be the duty of the CPIO who receives the application to direct it to the concerned CPIO. Maintenance of record Maintain record of application/appeal under RTI in the formats prescribed by CIC. Furnish Quarterly Report and Annual Report to the Directorate in prescribed formats by 10th of falling month Disposal of application/appeal Opinion, Analysis, Comparability, Examination of issue, redressal of grievances are outside the purview of RTI Act; Request applicant for specific information if the information south for is vague or not specific; (Decision No.249/IC(A)/2006. F.No.CIC/MA/C/2006/00190 dated 7th Spe 2006 case of Shri. B P Singh Vs CBEC) File Notings are not, as a matter of law, exempted from disclosure. Every decision has to be conveyed within stipulated period under the signature of designated CPIO/Appellate Authority as the case may be; (Appeal No.149/ICPB/2006 F.No.PBA/06/234 dated 2nd Nov 2006 case of Shri. P S Pattabiraman Vs Department of Posts, Tamil Nadu Circle. Comments on the appeal should also be sent under the signature of either CPIO or Appellate Authority as per requirements (Copy of decision enclosed) Any rejection of request for information has to be in terms of the provisions of the RTI Act and the specific provisions applied in a particular should be mentioned while responding to the applicant. (Appeal No.ICPB/A-4/CIC/2006 dated 10th Feb 2006 Case of Shri. Rajesh Pandita Vs Dept of Posts) Intimate the detailed particulars of appellate Authority & time limit for appeal while rejecting/supplying requested information to the applicant. It has further been ruled that the 1st appeal in all cases would lie with the Departmental Appellate Authority alone, and only at the stage of 2nd appeal would the appeal lie with the Central Information Commission (CIC) Intimate retention period in case information sought has been weeded out under Record Retention Schedule/Preservation of Records Rules. It would also be advisable to enclose copy of relevant rules or the extract of rules under which weeding of records has been done. Never advise the appellant to prefer the 1st Appeal itself to Central Information Commission on the ground that the decision to deny the information had been taken at the highest level. (Appeal No.ICPB/A-4/CIC/2006 dated 10th Feb 2006 case of Shri. Rajesh Pandita Vs Dept of Posts. Misc. Display the particulars of CPIO and Appellate Authority of concerned office at entrance of office for public. Copies of evaluated Answer Papers are not to be made available to the candidate or others. As and when answer papers are evaluated, the authority conducting the examination and the examiners evaluating the answer paper stand in fiduciary relationship to each other. Hence in fiduciary relationship the disclosure of such information is exempted under section 8(i)(e). Further it is purely a personal information, the disclosure of which has no relation to any public interest or activity and this has been covered under section 8(1)(i) of the Act (Appeal No.ICPB/A-2/CIC/2006 dated 6th Feb 2006 Case of Ms. Treesa Irish Vs Keral Postal Circle) For disclosure of DPC minutes and copies of ACRs refer decision of CIC in the cases of i) Dr. Anand Akhila Vs CSIR (Appeal No.CIC/WB/A/2006/00040 dated 24th April 2006 and 12th May 2006); ii) Shri. Gopal Kumar Vs HHQ (F.No.CIC/AT/A/2006/00069 dated 13th July 2006); iii) Mrs Ranju Prasad Vs Department of Posts (F.No.PBA/06/195 dated 9th October 2006) While going through the above cited decisions of CIC, it is recommended that the decisions be gone through in totality, so that the context be understood fully. While following the above noted clarification/guidelines, it is also requested to regularly monitor the websites of Central Information Commission (CIC) and Department of Personnel & Training (DOPT), which is nodal department in respect of RTI matters in addition to the Department of Posts's website for their decisions & instructions on RTI matters for effective implementation of the Act.
  8. Hello, I have filed RTI to Income Tax Department seeking some documents of the Trust/Organization as per which they (Trust/Organization) is taking exception in Income Tax .The CPIO denied to give the information as per Section 8(1)(d) & 8(1)(j) of the RTI Act. I have to file the First Appeal, please provide me the Grounds for the same and also any Judgment or OM w.r.t to Section 8(1)(d) & 8(1)(j) of the RTI Act as I believe if someone is taking exception in Income Tax ,the Income Tax department must provide the document in RTI to citizen.
  9. Hello, One partner retired from the partnership in june 2006. Due to disputes amongst the partners the retired partner was not provided with the firms Balance sheets and certain other documents to enable him to file IT returns. The retired partner applied under RTI ACT 2005 with ITO of the concerned jurisdiction for certified copy of the Balance sheets from March 2005 till 2010 and also copy of the partnership deed as on the date relinquishment from the partnership. Retired partner's father lent moneyy to the firm and died intestate in Sept 2010. Hence requested for 2010 Balance sheet. ITO declined his request by referring Sec 11(1) of RTI Act and stating that it relates to third party and no public interest is involved. Whether retired partner can be treated as a third party in this case? What is the remedy left to the retiring partner? Whether the ITO is in order by referring Sec 11 (1) of RTI Act?
  10. karira has just uploaded IT returns of privately held companies exempt from disclosure under RTI! Disposing off a bunch of petitions, the Delhi HC has ruled that Income Tax details of closely held private limited compa
  11. Hi, I want to file an online RTI application on https://rtionline.gov.in/request/request.php'>https://rtionline.gov.in/request/request.php site. Can I file an online RTI regarding matter related to Income Tax TDS department? If yes, then while making #OnlineRTI which "Ministry/Department/Apex body" should be chosen for filing an RTI related to a matter of Income Tax TDS department?? I see below options in the combo box on https://rtionline.gov.in/request/request.php site for "Ministry/Department/Apex body": All India Council for Technical Education (AICTE) Cabinet Secretariat Central Board of Direct Taxes Central Board of Excise and Customs - Central Excise Central Board of Excise and Customs - Customs Central Information Commission Central Warehousing Corporation Department of Administrative Reforms & PG Department of Agricultural Research & Education Department of Agriculture & Cooperation Department of AIDS Control Department of Animal Husbandry, Dairying and Fisheries Department of Atomic Energy Department of AYUSH Department of Bio-Technology Department of Chemicals & Petrochemicals Department of Commerce Department of Consumer Affairs >Department of Defence Department of Defence Production Department of Disinvestment Department of Economic Affairs Department of Expenditure Department of Ex-Servicemen Welfare Department of Fertilisers Department of Financial Services Department of Food & Public Distribution Department of Health & Family Welfare Department of Health Research Department of Heavy Industries Department of Higher Education Department of Industrial Policy & Promotion Department of Information Technology Department of Justice Department of Legal Affairs Department of Pensions & Pensioners Welfare Department of Personnel & Training Department of Pharmaceuticals Department of Posts Department of Public Enterprises Department of Revenue Department of School Education and Literacy Department of Science & Technology Department of Scientific & Industrial Research Department of Space Department of Telecommunications Directorate of Vananspati, Vegetable Oils & Fats Food Corporation of India Indian Academy of Highway Engineers (IAHE) Indian Council of Agricultural Research (ICAR) Hqrs. Indian Council of Medical Research Legislative Department MEA - Consular, Passport & Visa Division (CPV) MEA - Indian Council for Cultural Relations MEA - Indian Council of World Affairs Ministry of Civil Aviation Ministry of Coal Ministry of Corporate Affairs Ministry of Culture Ministry of Development of North Eastern Region Ministry of Drinking Water and Sanitation Ministry of Earth Sciences Ministry of Environment & Forests Ministry of External Affairs Ministry of Food Processing Industries Ministry of Home Affairs Ministry of Housing & Urban Poverty Alleviation Ministry of Information & Broadcasting Ministry of Labour & Employment Ministry of Micro, Small and Medium Enterprises Ministry of Mines Ministry of Minority Affairs Ministry of New & Renewable Energy Ministry of Overseas Indian Affairs Ministry of Panchayati Raj Ministry of Parliamentary Affairs Ministry of Petroleum & Natural Gas Ministry of Power Ministry of Railways Ministry of Road Transport & Highways Ministry of Rural Development Ministry of Shipping Ministry of Social Justice & Empowerment Ministry of Statistics & Programme Implementation Ministry of Steel Ministry of Textiles Ministry of Tourism Ministry of Tribal Affairs Ministry of Urban Development Ministry of Water Resources Ministry of Women & Child Development Ministry of Youth Affairs & Sports National Highways Authority of India (NHAI) National Human Rights Commission National Institute of Electronics & Information Technology National Sugar Institute, Kanpur Planning Commission President Secretariat Prime Minister's Office Registrar of Newspapers of India Union Public Service Commission Unique Identification Authority of India Vice-President Secretariat END> Which of above option should be selected while filing online RTI related to a matter regarding Income Tax TDS department? Please kindly reply. Thanks in advance.
  12. hello...can any one help . i am from mumbai ..my it return for the year 2007-08 ..is yet not recieved ...want can be done ...any contact point or concern person ... many more years to waitto a refund
  13. Priyanka Rawal

    RTI for Bad Road

    We are a family residing in Shalimar Garden Ext II Sahibabad Ghaziabad its in Delhi NCR Zone. We don't know how to apply for RTI against Bad Roads & Electricity Issue. We had such a big problem with most of the streets in our area and also the main road destroyed very badly. We also have such a big problem of electricity in our area. Give us a guide line to improve our surrounding major problems, this area is worst then even slums. Thanks & Regards
  14. Hi all, I am seeking information from Income Tax Deptt. Dehradoon. I have already checked Income Tax Deptt website but I am unable to find the name and designation of CPIO for the same. Please help me finding the CPIO for the Income Tax Deptt. Dehradoon. Also, since Income Tax Deptt. is under Central Ministry, do they have only one PIO or different PIOs for different states?
  15. I want to know the IT returns filed by a person for the years 2007 through 2013 as I know that this person is hiding close to 85 Lakhs black money. Is the income tax department exempted under the RTI act in this regard? Thanks in advance
  16. Decision :http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2012_000261_M_105589.pdf 13.9.11, appellant had sought information on 11 points relating to ITRs filed by the Kolkata Stock Exchange. Submissions made by the appellant and public authority were heard. CPIO submitted that Jt Director, IT OSD(Exemptions) Shri D.Naskar, vide order dt 14.2.12, observed that the information sought was personal information and as no larger public interest was involved, the information was denied u/s 8(1)(j) of the RTI Act. The appellant submitted that in the final para of the order, the Section referred to is 8(1)(i) of the RTI Act, which has no relevance to the present case. DECISION 5. The Hon’ble Supreme Court in the case of Girish Ramchandra Deshpande Vs Central Information Commissioner & Ors dt Oct 3, 2012, has held that details disclosed relating to ITRs are personal information which are exempt from disclosure u/s 8(1)(j) of the RTI Act unless the CPIO is satisfied that larger public interest justifies the disclosure of such information. The ratio of the above case applies to the present appeal. In the light of the above orders, the Commission concurs with the decision of the Joint Director IT OSD (Exemptions) and the appeal is disposed of. Then what is this: http://www.rtiindia.org/forum/98224-section-8-1-j-cannot-applied-when-information-concerns-institutions-organisations-corporates.html regards
  17. amitkumarjai

    Income Tax Evasion

    I want to pass on information to Income Tax Department relating to one of neighbour's tax evasion. This person smartly destroys (burns) all the records and documents pertaining to business for which he has not paid any tax etc and made enormous benami wealth. Such persons who enjoy the services of the government at the cost of other innocent people. Hence, I request for the procedure and information through which I can inform the IT department for such wrong deeds of tax evasion so that every citizen proportionately contributes towards the economic welfare. Regards
  18. Hello Experts, I have been working as an independent contractor for a year, I would like to open a S corporation now. Can I put me old expenses in my new S corporation since I have been working by myself for this company since Feb ? is that legal? I make around 7000 a month with this job. It is January, It is too late to do this? Thank you.
  19. Hi Sir /Madam I am paying education fee (RS 30200) for my self higher study (for BE) from JNTU university.can these be considered for tax saving?
  20. Hi Dear sir /Madam How i am calculate my Salary income tax? I am not calculate my imcome tax on Salary. how i calculate
  21. What are the required educational qualifications to be eligible for Income Tax Officer exam? Can I fill the application form for Income Tax Officer post being a B.Com graduate?
  22. If I claim my Uncle Son as a dependent because he is a full-time student in college, can he claim herself as a dependent when he files him income tax return?
  23. How to get duplicate copy IT returns for previous years ? What is procedure to get the same ?
  24. Dear RTI Members, I need your suggestion on the below mentioned point I and my Family have been framed in a false case and to get help on this we would need the details of the IT Returns filed by the individuals. Can I get the Details of Income Tax Returns Filed by In Individual from Income Tax Department through RTI. Thanks and Regards Yudhir Arora
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