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First Appeal What exactly happens


sandeeprajsinghtandon

Question

sandeeprajsinghtandon

Giving you a small back ground

1) I was told by one of the earlier RTI's reply that my Refund of the Income Tax for yester years is stuck due to PAN Migration that has not happened from Pune to Mumbai

2) This was in the month of August 08. They then made a request to Pune Office for migration of the PAN. They then sat on the same uptil Oct 2008 and after my continous follow up with PUNE Income Tax office they migrated the PAN in the month of Oct 2008(Confirmed with one of the Officers of the Pune ITO over the phone.).

3) Since then i was following up with Mumbai Income tax Office and they went upto the point to tell me that "They dont know where my PAN Is". I then got a phone call from Income tax officer from Mumbai Office and he said that the PAN is still with Pune OFFICE.

4) Finally i resorted to another RTI series.I applied to

a. Mumbai Office with 13 questions.: The reply from them came back in 6 days of my query and they said, that "There is some centralization job going on hence they cannot say anything on anymatter of my RTI". I partly knew this, but the servers were going to be up and running in next 5 days, but they hurried to reply inorder to simply DISPOSE Off the queries. I asked them a series of questions ranging from when did my PAN come from Pune to Mumbai. Names of the officers etc. Also General questions like, what are the steps involved in the PAN Migration from PUNE To mUmbai. Steps for refund after PAN Migration is done.Name of the first appellate authority. All i got was a 2 line reply stated above.

b. Pune Office with 7 Questions: The reply from them came back in 20 days and they confirmed with some lies here and there that "The PAN has been migrated to Mumbai Office and its under their jurisdiction"

c. With this i filed an appeal with Mumbai Office and pointed out that, they have violated sections under which they have not replied to a lot of questions and have not informed me of the First Appellate Authority inspite of that being asked as one of the questions.

 

Now, i know who the FAA and the PIO is. They both do belong to the same office and are sure to have discussed with each other informally before replying. both are ladies belonging to same office. I dont think they would try and make Penalties. Is there any way i can force them for Penalties.

I have now attached the reply from the PUNE Office as a "Latest Information" to the first appeal and asked them for answers again.

 

I am not able to attach the files. but here is my first appeal that i have already made. please comment do i have a strong case.

To: Date: Jan 26th 2009.

First Appellate Authority,

CIT 29,

DT01

Income Tax Dept,

Bandra Kurla Complex,

Mumbai -51

 

 

Subject: First Appeal under Section 19(1) of the Right to Information Act (RTI ) 2005 against PIO’s response dated 8/1/2009.

 

Sir/Madam,

 

Under the RTI act, I had sought the information regarding my PAN no. ADWPT4467D migration and my Refunds for the assessment year 2007-2008 and 2008-2009(Please refer to the attachment of my RTI Query). I would like to direct your attention to PIO’s response no. PRO-II/DT-01/Grievance/2008-09 dated 8/1/2009(Please refer to the attachment of PIO’s response) which is very incomplete in nature.

Here by I appeal for a personal hearing and the following be taken under the appeal.

 

1. I plead that directions to be issued to the PIO to provide me with the “latest information” in the Question and Answer format (as 1 answer per question thus I would in all need 13 individual answers for 13 individual questions asked).

2. As additional information, please find the reply of my RTI query to Pune Income tax department attached with this appeal. Refer to answers to Questions no. 2 and Questions no. 5 that suggest that PAN is lying under the jurisdiction of Mumbai IT department.

3. I would like to indicate that I was given a very generalist two line answer for my 13 questions that is grossly incomplete and the PIO has not informed me of the first appellate authority. Under Section 7 (8) (iii), it is his responsibility to forward it to the First Appellate Authority incase the PIO is not able to answer the queries. In spite of asking the details of First Appellate Authority as a part of the RTI query, the same was not answered. Please provide a justification for the same.

4. Please communicate the penalties that you would be exerting on the Officer under Section 20(1) and Section 20(2) of the act.

5. I request for an immediate appeal and that the date for my physical presence be communicated to be 15 days in advance.

6. Full name and Contact Details are as Follows,

XXXXXXXXXXXX

Note: Please forward this appeal to the appropriate authority if you are not the concerned officer under the provisions of RTI.

 

Place: Mumbai.

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