> Sri Timmareddy is the Partner of M/s Parvathappa & Co .
> Oilmillers in Yemmiganur , Kurnool District .
> This Firm extracts Edible oil From Groundnut &
> Sunflower which is Extensively grown in Kurnool District
> adjoining Raichur District of Karnataka .
> The Company Regularly and usally Transports the Edible oil
> Produced to Mumbai Maharastra state for consumption through
> Karnataka State which is their Regular Practice from past 15
> years
> During End of December 2007 Suddenly one of their Oil
> Tankers was Intercepted and Sized and by the Asst
> Commissioner of Commercial Taxes (Intelligence) Bijapur .
> The Oil Firm had no other go but to Pay an Hefty Penalty of
> Rs 129305 Levyed on them to realease the Tanker and
> Transport the Oil to the consignee.
> Subsequently after Getting My Name and Telephone from
> National Help line ,
> Mr Timmareddy Contacted me if RTI can help in this Matter .
> I Advised them that they Make an RTI Request to Asst
> Commissioner of Commercial Taxes , in whose Juridiction the
> Tanker was sized as Follows :
> 1 . No of Vehicles From Andhra Pradesh Which Passed the
> Sales Tax Check Post At Lingasugur (Border) of AP &
> Karnataka from 2005 to 2007
> 2. Number of Transit Passes issued to such vehicles
> 3. Whether the Tanker Sized (KA28A6106) originating from
> Kurnool Dist of AP has passed on 30.12.2007 through this
> check post on its way to Mumbai
> 4. Whether this Vehicle was Covered by Sale Invoice And Way
> bIll and if so time , Date and Serial No as recorded in
> the Registers of the Check post
> 5. Transit Pass Number , Time of Issue by the Checkpost
> Authority with A copy of the Transit Pass .
> The RTI application was made on 16/01/2008 and The Replies
> Received from The Commercial Tax officer Sales Tax Post
> Lingsugur Road , Kalmala Raichur dated 18/02/2008 is very
> Specific and Surprising . details As follows :
> Q1. Year No of Vehicles Passed
> 05-06 6023
> 06-07 6746
> 07-08 4693 (till 30.12.2007
> Q2 Year No of Vehicles (tansit Passes issued)
> o5-06 nil
> 06-07 nil
> 07-08 nil (till 30.12.2007)
> Which Means no Vehicle was issued Transit Pass
> Q3 REPLY : The goods Vehicle(tanker( bearing No KA28 A
> 6106 has passed through this Check post at 6.35 PM on
> 30.12.2007 From Yemmiiganur to Mumbai (entry Sl No 7163)
> Q4 : Reply : The Goods Vehicle was duly Covered by Sale
> Invoice and Way Bill
> Q5 : Transit pass was not issued to the said vehicle as
> the Driver/Person incharge of Goods Vehicle did not File
> Application for Tansit Pass as Per Sec 54 of KVAT and Rule
> 161 along with Xerox Copies of Sale Invoice , Way bill ,
> Lorry receipt , RC Book , DL of Driver , Insurance of
> Vehicle Etc., to prove ownership of the vehicle on which the
> transit passes are issued
> On My advice and Armed with this Vital Information Mr
> Timmareddy Filed An Departrmental appeal Before Joint
> Commissioner of Commercial Taxes (appeals) Belgaum
> I NOW WRITE THE OPERATIVE PASRT OF THE ORDERS OF APPEALLATE
> AUTHORITY Dated 17/05/2008
> wHEN THE GOODS VEHICLE CALLS ON THE FIRST SITUATED
> CHECKPOST AND FURNISES THE REQUISITE DECLARATION , IT IS AN
> OBLIGATION ON THE PERSON IN CHARGE OF THE CHECKPOST TO ISSUE
> TRANSIT PASS. THE APPELLANT (THIMMAREDDY) HAS FILED
> APPLICATION UNDER rti aCT 2005 AND HAS OBTAINED INFORMATION
> FROM CTO
> THIS INFORMATION CLEARLY INDICATES THAT TRANSIT PASS IN
> RESPECT OF GOODS VEHICLE OF THE APPELLANT WAS NOT ISSUED
> EVEN THOUGH THE GOODS VEHICLE CALLED ON THE REFERRED CHECK
> POST AND TENDERD THE REQUISITE DECLARATIONS . tO PENALISE
> THE APPELLANT FOR OMISSION OF THE pERSON IN CHARGE OF THE
> CHECK POST IS UNFAIR AND ILLEGAL
> Under the Circumstances discussed the Penalty of Rs 129305
> levied and collected is herby set aside ,In result the
> appeal is allowed
> Copies of this Order have been Marked to Addl Commissioner
> of Commercial Taxes , Bangalore also
>
> By this Very effective Way of Use of RTI We Could Succeed
> how Corruption is Carried out in the Sales Tax Check post
>
> " I request that the Incident/Case be Given its
> rightful Publicity so that More People
> especially Trading Community are Put into Knowledge and
> Information of these Modus operndai and They can also use
> RTI to Counter Such Created Ommmissions to Extract Bribes
> "
>
>
> N vikramsimha , KRIA Katte & Trustee MHAK, #12 Sumeru Sir M N Krishna Rao
> Road , Basvangudi < Bangalore 560004.
>
>
>
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