Jump to content
  • 0

Ground for filing First appeal in TEP


vijay_13

Question

vijay_13

Hello sir,

with the aid of this forum I have learned to file RTI and even gained fruitful result too. I Thank for same.

sir I have file TEP in Feb-2020 on my FIL  and others for which with help of RTI i have asked the status of my TEP application, officer attaining my application and other 2 points.

Now on Feb 2021 I have received reply from ITO same attached for ref.

I have prepared First appeal but Grounds for appeal, i am not able to make it clearly state here, hence need guidance on same.

Attaching First appeal

frist appeal reply.JPG

ReplyfromRti.pdf

Link to post
Share on other sites

18 answers to this question

Recommended Posts

  • 0
Prasad GLN

Let us admit that to get such information is very difficult .  There are CIC decisions that a complainant is entitled to get information on such status.  Now that you have commenced a process and unfortunately those facing such harassment of dowry cases are not getting justice and becoming victims of threats.

Delhi High court judgment states that such information must be obtained through process of court.

CIC decisions and other court judgments rule in favour of wives alone ruling that claiming maintenance is vital for living and larger public interest is involved.

Your TEP was taken up and is under investigation.  That is enough and when the organization exempted you can never expect a favourable reply.  Make an attempt to rope in larger public interest as tax evasion is serious and you are supposed to be the victim.

First Appeal dt.................under RTI Act

Before:

CPIO:

Appellant:

Brief facts: The appellant has solicited information through RTI Application dt..............on status of his TEP complaint and CPIO has answered only.... points and denied information for all the other.....points stating that ........organization is exempted organisation under RTI.

Grounds for Appeal: The information is important as an innocent citizen was facing criminal charges and there is larger public interest, as the evasion of income tax is substantial to the country, and as fundamental rights of life and liberty are involved and there is no exemption for those issues of Human rights.  That information may exonerate the victim coming out as a free citizen.

PRAYER: Appellant prays for providing the status and findings of the report point wise and para wise sought in RTI Application.

Edited by Prasad GLN
Link to post
Share on other sites
  • 0
vijay_13

Thanks Prasad Sir,

For the drafting.

sir as you mention CIC citation are their for getting status by complainant. can i get the link for same or else please let me know the citation keyword that we need to search for getting CIC dicision.

Link to post
Share on other sites
  • 0
vijay_13

sir as i am filing FIRST APPEAL late actually it is beyond 30 days now,

Can below PRAYER works in this case.

The some delay has been occurred due to Covid-19 pandemic to file present First Appeal. The delay in filing present First Appeal is bonafidy and life to be condoned by the First Appeal Authority.

Appellants prays for directions to CPIO for providing the information as expeditiously as possible free of cost.

Link to post
Share on other sites
  • 0
Prasad GLN

CIC decision was later overruled by Delhi HC.

A simple sentence for condoning the delay is sufficient.  This is just a formality  .  In the prayer just add one sentence.  No need for using "Information as expeditiously as possible" "Free of cost".  Applicant wants information ,the possibiity of getting it is highly improbable.  If information is provided to day or tomorrow (investigation takes minimum 6 months).  Pay Rs.2/- per page which is not too much.  When you are delaying the first appeal, your prayer is for condoning and when CPIO makes a delay, you wanted free of cost !!!  Be Fair, Sir.  We are paying to our Government and let us not penalize govt for failure of employees like you and me.

 (Addition in prayer) Appellant prays for condoning of the delay in filing first appeal due to several pressure situations including COVID 19.

Link to post
Share on other sites
  • 0
vijay_13

Yes sir right, I will surely remove the " Free of Cost"  sent... and mention (Additional prayer) as mentioned.

Thank you sir...

Link to post
Share on other sites
  • 0
vijay_13

Hello sir, 

Today i have received FA answer for hearing i guess on 11.5.21 reply attched for ref.

Due to covid it is not good to travel as per my understanding and in Mumbai it is lockdown going to,

Is their any way to have vedio conferencing data attaining. will it be good to ask FA for Vedio conferencing hearing.

Also pls let me know do we have particular software or online conference appliacation that are made for RTI vedio call hearing.

 

Please guide me

 

image.png.4bbb009c3ad1d491e624bcc29f47d67c.png

Link to post
Share on other sites
  • 0
  • Moderators
Sunil Ahya

You may write back to FAA requesting him to conduct the first appeal proceedings through video conferencing, by enclosing the Maharashtra Govt. Circular issued on the directions of Bombay High Court's decision in a Public Interest Litigation (PIL).

However, please note that the said circular is applicable only Maharashtra Govt. Public Authorities and not to Central Govt. Public Authorities. But having said that, you can always try and humbly request on the basis of the said Circular.

A copy the said Circular is attached herewith this post.

Mah Govt Circular on Video Conferencing.pdf

Link to post
Share on other sites
  • 0
vijay_13

Ok sir, thanks for sharing circular letter.

Link to post
Share on other sites
  • 0
vijay_13

Hello sir, 

I have prepared Reply for First appeal attaching herewith for reference.

Please correct me if any point goes wrong. I am submitting Written argument before 11.5.21 due to covid. i prayed for vedio conferning if possible .

Drafting written argument reply to FA.pdf

Link to post
Share on other sites
  • 0
  • Moderators
Sunil Ahya

It seems you have a attached a copy of the Maharashtra Government's Video Conferencing Circular without making any reference to it in the first appeal ?

Income Tax authority is a Central Govt. Public Authority and unless you clarify that you are attaching the Maharashtra Govt's circular as a persuasive precedent, simply attaching it would not help.

 

Link to post
Share on other sites
  • 0
vijay_13

Yes, actually i forgot to mention. Thanks for highlighting the point.

 

Shall i add below line in prayer a) point.

Appellant is Enclosing Maharshtra Govt Circular for Vedio Conference Hearing dated. Xx Oct,2020 as a persuasive precedent.

 

Sir will this be ok.

Link to post
Share on other sites
  • 0
  • Moderators
Sunil Ahya

Yes, that should be fine

Link to post
Share on other sites
  • 0
vijay_13

Sir, 

As per reply dt. 27.4.21 from FA it was mentioned, on 11th May 2021 their will be a hearing for which I have submitted my written Argument with prayer for giving chance to have hearing via various Video Conferencing I have posted (indian post) everything on 3rd may, 21 in which i furnished my Email id too,  also I have sent all the Posted (indian Post) submission via same Email on same date for early response, thereafter i eyed on EMail for reply from their, But till the date no response.

I wanted to know the :-

1) What shall i do the next step.

2) Do i have to prepare 2nd Appeal which i have to submit after 30days?

3) What will the be 2nd Appeal Authority address and name, department, from where do I get it?

4) What are thing we will mention in Second Appeal

5) what other thing I need to follow while placing 2nd appeal.

Link to post
Share on other sites
  • 0
  • Moderators
Sunil Ahya

You will have to wait for 45 days from the date on which your first appeal was received by the First Appellate Authority's (FAA's) Office. If you do not receive an Order within that time you can file a second appeal. However if you receive an Order of the FAA and are not satisfied with it, then you can file a second appeal within 90 days of the date of receipt of such an Order.

So right now you have to wait for FAA's Order until 45 days from the date on which your first appeal was received by the FAA's Office.

The second appeal will have to filed with the Central Information Commission (CIC). It can be filed online. Please refer to the following links:

https://cic.gov.in/

https://cic.gov.in/faq

Link to post
Share on other sites
  • 0
vijay_13

For my future task I have did some homework and found

1) I do have to file 2nd appeal before the Ministry of Finance, under Dept of Revn, and at DGIT,(INV) kochi.

 

image.png.c099d37dcec4abd90a38e403320041a9.png

 

2) I have checked with ONLINE portal for 2nd appeal and found.A & B as shown below

image.png.681ec1580bc979aae39b44aefa7a982a.png

 

In A) we will be filling our 2nd appeal drafting, am I correct sir.

In B) supporting doc. (What supporting doc i have to submit here while filling, Please guide me).

 

Thanks in Advance sir for your Guidance.

image.png

Link to post
Share on other sites
  • 0
  • Moderators
Sunil Ahya

Supporting documents would be annexures such as RTI, PIO's Reply, First Appeal, Correspondence with the FAA, FAA's reply etc.

Link to post
Share on other sites
  • 0
Prasad GLN

You can send only Hard copy of second appeal  to CIC and track status after one week of posting it, if you find that uploading the PDF file is a problem.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      119,762
    • Total Posts
      428,163
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy