If your refunds, rectifications, other matters
like not getting orders to give effect to the Appellate orders, etc. are
pending since long, reminders not bringing any results, you may make application under
the RTI Act to the Commissioner of Income-tax (CIT), under whose
jurisdiction you are assessed to tax. The CIT has to dispose your applicationwithin
thirty days of the receipt of the request (S. 7 of the RTI Act). In
other words, normally you will get your work
done within these 30 days; i.e., Assessing Officer will send the required orders like intimations, orders u/s. 154, etc. with refunds, etc. and the CIT then will reply to your application within 30 days, stating that your application has been attended and you must have received the refund orders, etc. At times, there may be delay in getting some refunds as in my case, but you will get them ultimately.
done within these 30 days; i.e., Assessing Officer will send the required orders like intimations, orders u/s. 154, etc. with refunds, etc. and the CIT then will reply to your application within 30 days, stating that your application has been attended and you must have received the refund orders, etc. At times, there may be delay in getting some refunds as in my case, but you will get them ultimately.
If the issue is connected with Appellate
matter in IT Department, please note that all the CIT(A)s are also PIOs
and you may write to the concerned CIT(A) if the appeal is pending since long
and not heard or after having been heard, the order is not received by you,
etc.
The present
interpretation of the relevant provisions of the Act on who can apply is
that only citizens of India can apply. Hence, if the information (action)
sought is in the matter of any firm, company, trust, HUF etc. the application will
have to be made by the relevant partner, the director, the trustee, karta, etc.
If theapplication is for any client, he will have to make the application himself.
There are two
approaches in making an application seeking information.
One approach is to ask
questions in the manner which pinpoint defaults and persons who are responsible
for delays and asking broad questions, more on macro level e.g., in the
information sought, one asks:
o Does your concerned officer maintain rectification register? Are
there any CBDT instructions on the subject of rectifications? If yes,
please give a copy and inform whether these are followed in your charge.
o If the officer has defaulted in carrying out these instructions,
any action is taken against him? if yes, what? if not, why not?
This approach
embarrasses the PIO and often replies to such questions are avoided, but the
work gets done.
Second approach is to just seek status of your
pending matters and request information as to when action on the same will be
taken. As We want cordial relations with the Department with
whom we deal on ongoing basis and also want to get results.The
second approach does achieve the purpose of improving the functioning of the Department,
but the approach is un-confrontational and yet demands action by the power of
the RTI Act.
Format of Application Under RTI ACt
which can be used for Asking Your Income Tax Refund.
Form of Application for Maharashtra
—
To be used for Central
Government bodies
ANNEXURE A
(see rule 3)
Format of application
for obtaining information under the
Right to Information
Act, 2005
To,
The Public Information
Officer : Commissioner of
Income-tax City-12, Mumbai
(Name of the Office
with Address)
(1)
|
Full name of the applicant:
|
Narayan Varma
|
|
(2)
|
Address: (Res)
|
||
(3)
|
Particulars of the information required
|
||
(i)
|
Subject matter of Information:
|
For my HUF tax
matters
|
|
(ii)
|
The period to which the information relates:
|
as
enclosed
|
|
(iii)
|
Description of the information required:
|
||
(iv)
|
Whether the information is required by post or in person:
(the actual postal charges shall be included
in additional fees)
|
In person, on getting intimation on 98210
96052 same would be collected
|
|
(v)
|
In case by post:
(Ordinary, Registered or Speed )
|
N.A.
|
|
(4)
|
Whether the applicant is below poverty line:
(if yes, attach the photocopy of the proof
thereof.)
|
NO
|
|
Place:
Mumbai
Narayan Varma
Date:
01.06.2006
Note: Pay
Rs. 10 by cash or by pay order. For Maharashtra Government
bodies you can also affix a 10 rupee Court Fee stamp on the application as application fee.
———————————————————————-
ENCLOSURE TO APPLICATION IN ANNEXURE
A
In the matter of Narayan Varma
HUF
(2) Particulars
of the information required:
(i)
Subject matter of information:
Rectifications and Refunds due on Income-tax
returns
(ii)
The period of which the information relates:
A.Ys. 1998-99, 1999-00 & 2001-02
A.Ys. 2000-01, 2002-03, 2004-05 & 2005-06
(iii)
Description of the information required:
(a) What is the
status of application for rectification pending as under:
Xerox enclosed
|
|
A.Y. 1998-1999
Application made vide letter dated
22.09.2000
|
|
A.Y. 1999-2000
Application made
vide letter dated 24.02.2001
|
|
A.Y. 2001-2002
Application made
vide letter dated 03.04.2003
|
(b) What is the status of refunds due pending for the returns of income furnished as under:
Xerox enclosed
|
|
A.Y. 2000-01
Refund due Rs. 9,078 with interest thereon
for the return of income furnished on 30.06.2000
|
|
A.Y. 2002-03
Refund due Rs. 3,803 with interest thereon
for the return of income furnished on 28.06.2002
|
|
A.Y. 2004-05
Refund due Rs. 8,245 with interest thereon
for the return of income furnished on 23.08.2004
|
|
A.Y. 2005-2006
Refund due Rs. 3,263 with interest thereon
for the return of income furnished on 31.08.2005
|
(c)
Please inform whether there is any system to attend to Grievance
petitions, correspondence etc. being received and in particular in the context
of following:
o Grievance petition dated 03.05.2005 to CCIT VII with copies
marked to CIT 12 and ITO 12(3)(3), delivered on 05.05.2005 (copy enclosed).
o What is the status of above Grievance petition?
Place:
Mumbai
Narayan Varma
Date:
01.06.2006
No comments:
Post a Comment