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Tax Evasion Complaint Appeal


Gurlovleen

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Gurlovleen

Sir,

Filed an RTI dt 16.03.2021  seeking action taken on my complaint  filed through  CPGRAMS portal regarding tax evasion of a Microfinance company.I lodged my complaint on 31.12.2020

Since no response was received for my complaint,I filed RTI after 3 months.

Today CPIO replied as per Annexure

1. When asked for copy of my complaint filed through CPGRAMS, SPIO quoted a Madras High Court judgement and stated that my complaint copy is not informationa s per sec 2f

 

2. When asked for status of my complaint, filenotings etc, SPIo stated that complaint is under process and if information on pending file is furnished everytime,it will lead to intervention on action taken to be taken on file  which may cause further delay in take final action.Hence furnishing copy of documents is not feasible at this time

 

3. When asked for copy of orders/procedures/circulars that state procedure for handling complaints regarding TAX EVASIOn Complaints, spio stated that no such orders/directions  are available

 

 

Grounds  for First Appeal  humbly requested

 

 

 

tax evasion.pdf.pdf

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Sunil Ahya

Ground of First Appeal:

1. With respect to the information requested vide point no. 1 of the RTI Application and the PIO's denial with respect to the same, the Appellant humbly submits as under:

The FAA's attention is drawn towards the definition of information as given under section 2(f) of the RTI Act, which is as follows (underline emphasis added):

Quote:

(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

Unquote.

A copy of the complaint is a record / document within the meaning of section 2(f) of the RTI Act.

Moreover, the PIO has incorrectly cited the said decision of the Hon'ble Madras High Court for denying the requested information.

2. With respect to the information requested vide point no. 2 of the RTI Application and the PIO's denial with respect to the same, the Appellant humbly submits as under:

The PIO has denied the requested information merely on the ground that the complaint is under process, without citing the relevant and applicable provision of the RTI Act under which it has been denied, which is in violation of the provision of the section 7(1), as reasoned below:

The FAA's attention is drawn towards the provision of section 7(1) which provides as follows (underline emphasis added):

Quote:

7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

Unquote.

As can be seen by a perusal of section 7(1) a requested information is to be either provided or the request rejected for any of the reasons specified in section 8 and 9.

The PIO has neither provided the information, nor rejected the request for any of the reasons specified under section 8 and 9 of the Act.

Thus, the PIO has denied the said requested information in violation of the provision of section 7(1) of the RTI Act.

3. With respect to the information requested vide point no. 3 of the RTI Application and the PIO's denial with respect to the same, the Appellant humbly submits as under:

That, there ought to be a detailed procedure laid down for processing the complaints of a citizen. The PIO has deliberately provided incorrect information stating that there is no laid down procedure for processing the complaints of a citizen.

 

 

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