Dear Sh.Kotak, I am a RTI Activist and have written rwo books on RTI Act especially explaining my experiences. Please let me know how I can help u.
N.N.Kalia T.No-09868141598. On Mon, Oct 5, 2009 at 5:15 PM, Milind Kotak <[email protected]> wrote: > > > Dear Mr. Dabral : > > The income tax department is covered under the RTI Act. On their website > you > could check for the details of the PIO of Director- Investigation. The same > should be mentioned as the said Director is not part of Scedule II of the > RTI Act, which lists out the exempted organizations. > > Please also send me your brief details with your contact details. > > Regards > > Milind Kotak > > On Mon, Oct 5, 2009 at 3:40 PM, jayaprakash dabral < > [email protected] <jp_dabral%40rediffmail.com> > > wrote: > > > You chose to allow > > [email protected]<rti_india%40yahoogroups.com>even though this > > message > > failed authentication > > Click to disallow< > https://www.boxbe.com/anno?tc=563824124_181403077&action=authfail&set=false > > > > > > > > > > > > I seek the guidance of all RTI activists. > > I had filed an RTI application about the corruption and wrong declaration > > of income tax by a business man against whom no action was taken. The > > Director- Investigation , Income Tax Deptt. has replied that their > > department is not covered under RTI. Can anybody tell me what I should do > > next. > > Regards > > J.P.Dabral > > > > On Tue, 29 Sep 2009 15:06:00 +0530 wrote > > > > > > > > > > > > > > > > > Dear all, > > Readers will recollect I had circulated an email alert about the Draft > > Direct Taxes Code, 2009 (The Draft Code) hinting at the possibility of > > amending the Right to Information Act, 2005 (RTI Act). This Draft Code > > seeks > > to replace the Income Tax Act of 1961 (IT Act). The Draft Code along with > a > > > > discussion paper that explains its new proposals has been uploaded on the > > website of the Ministry. Readers may access the Draft Code and the > > discussion paper at: http://finmin.nic.in/DTCode/index.html The Ministry > > has > > invited comments from people on the provisions of the Draft Code. The > last > > date for sending submissions is tomorrow- 30th September, 2009. Many > > stakeholders may have already posted comments on the provisions of the > > Draft > > Code. We urge you to post a submission on the Ministry's website in order > > to > > ensure that the pre-eminent position of the RTI Act remains unaltered by > > the > > Code. > > > > > > The Draft Code and the Right to Information Act: > > The discussion paper attached to the Draft Code hints at a possible > > amendment to the RTI Act. The relevant paras in the discussion paper > reads > > as follows: > > "K) Disclosure of information relating to assessee > > 19.19 The tax administration receives a large volume of information > > relating > > to an assessee furnished by him and by third party sources. These > > information, essentially, relate to his financial and commercial > > transactions. It is part of his right to privacy. However, the Right to > > Information Act enables a person to obtain commercially sensitive and > > private information relating to any other person which may have the > effect > > of causing financial, commercial or personal injury to such other person. > > The disclosure of such information to third parties/ competitors also > > inhibits full compliance with tax laws. > > > > 19.20 Internationally, countries prohibit the disclosure of information > > furnished to, or obtained by, the tax administration, regardless of the > law > > > > relating to the right to information. However, the information is allowed > > to > > be shared with other enforcement agencies to the extent it is necessary > in > > public interest. > > > > 19.21 Steps will, therefore, be taken to amend the Right to Information > Act > > > > prohibiting disclosure of information relating to any assessee to any > third > > > > party except in the circumstances provided under the Code." (pages A > 59-60) > > > > > > In our email alert of 22nd August we had posted an analysis of these > paras > > from the discussion paper and the relevant provisions of the Draft Code. > > (In > > order to access that email alert please click on: > > > > > http://www.humanrightsinitiative.org/programs/ai/rti/india/national/2009/pos > > > sible_amendment_of_rti_act_2005_email_alerts/draft_direct_tax_code_2009_hint > > > > s_at_amendment_of_the_rti_act_aug_22_2009.pdf ) > > > > > > > > What does the Draft Code say about the disclosure of information about > > assessees?: > > > > That the IT Act requires all income tax returns to be kept confidential > is > > a > > misconception. Confidentiality was the principle in the initial version > of > > the IT Act. However the law was amended in 1964 to allow disclosure of > any > > information about an assessee to any person in the public interest. > However > > > > this provision has been rarely used to allow disclosure of IT returns to > > third parties other than courts and law enforcement officers. This > > principle > > of disclosure in public interest is mentioned in the Draft Code also. The > > wording of the relevant provision has been improved slightly as compared > to > > > > the IT Act: > > > > " 146(1) No information in respect of any assessee shall be provided to > any > > > > person by,- (a) the Board; > > > > (b) any officer, authority or executive and ministerial staff, in the > > secretariat, attached office or sub-ordinate office of the Board; or > > > > (c) any person, agency or authority engaged in any manner in the > > administration of this Code. > > > > (2) However, the Board, or any person specified by it by an order in this > > behalf, may furnish, or cause to be furnished, any information in respect > > of > > an assessee to any other person performing any functions under- > > > > (a) any law relating to the imposition of any tax, duty or cess, or to > > dealings in foreign currency; or > > > > (b) any other law as the central Government may, if in its opinion it is > > necessary so to do in the public interest, specify by notification in the > > Official Gazette in this behalf. > > > > (3) The information referred to in sub-section (2) shall be only such > > information which fulfills the following conditions- > > > > (a) the information is received or obtained by the Board, or any person > > specified by it by an order under that sub-section, in the performance of > > its or his functions under this Code; and > > > > (b) the information is, in the opinion of the person furnishing the > > information, necessary for the purpose of enabling the other person > > receiving the information to perform the functions under the laws > referred > > to in that sub-section. > > > > (4) The Chief Commissioner or Commissioner may furnish, or cause to be > > furnished, to any person any information relating to any assessee > received > > or obtained by any income-tax authority in the performance of his > functions > > > > under this Code, if- > > > > (a) the person makes an application to the Chief Commissioner or > > Commissioner in the prescribed form; and > > > > (b) the Chief Commissioner or Commissioner is satisfied that it is in the > > public interest so to do. > > > > (5) The decision of the Chief Commissioner or Commissioner under > > sub-section > > (4) shall be final and shall not be called in question in any court of > law. > > > > > > (6) The Central Government may, regardless of anything to the contrary > > contained in this section, direct by order notified in the Official > Gazette > > > > that no information shall be furnished under sub-section (2) or > sub-section > > > > (4) in respect of such matters relating to such class of assessees, or to > > such authorities, as may be specified in the order." [pages B93-94, > > emphasis > > added] > > > > What are the implications of these disclosure provisions?: > > There is no reference to the RTI Act anywhere in the Draft Code. If this > > Draft Code becomes law access to all tax-related information (and not > > merely > > IT returns) may be accessible only under this Code as it will be treated > as > > > > a law passed later in date to the RTI Act. This means: > > > > a) any tax-related information may not be accessible under the RTI Act at > > all; > > b) the simple fee rules and specific time limits of the RTI Act may not > be > > applicable to information requests made under the Code; > > c) there may not be any time limit for disposal of access requests unless > > explicitly provided for in the Rules to be formulated after the Code is > > enacted; > > d) the appeals and complaints procedures of the RTI Act may not be > > available > > to an applicant who has been denied information under the Code; > > e) the decision of the authorities regards refusal of access cannot be > > challenged in any court of law; and > > f) the penalty and compensation procedures under the RTI Act may not be > > available to act as a deterrent against wrongful denial of information > > under > > the Code. > > > > In short the RTI Act will be stunted as far as its outreach to the tax > > administration in the country is concerned. > > > > > > RTI Act is adequate for protecting the confidentiality of > assessee-related > > information: > > The Draft Code and the discussion paper attached to the Draft Code betray > a > > > > lack of understanding of the protection provided by the RTI Act to > > assessee-related information. Section 8(1)(d) and 8(1)(j) of the RTI Act > > are > > adequate protection for maintaining the confidentiality of the > information > > relating to individual and corporate assessees. Both provisions contain > > public interest overrides individually and are also subject to the > > overarching public interest override under section 8(2). There is no > reason > > > > why the Draft Code should supplant the RTI Act with a completely > different > > access regime and one that is weak with no scope for redress. > > > > > > Why is it important to maintain the supremacy of the RTI Act? > > The IT Act in the present and the Draft Code in future seek to regulate > > tax-related affairs. Regulating tax-related matters is an essential part > of > > > > the overall administrative regime established in the country. The RTI Act > > seeks to engender a regime of transparency throughout the country and > > create > > an informed citizenry so that the people may hold the State and its > > instrumentalities accountable. In other words, this law establishes > > transparency and openness as the overarching philosophy of the > > administration at all levels thereby replacing the regime of secrecy that > > had developed under the Official Secrets Act since colonial times. There > is > > > > no justifiable reason why the Income Tax administration should be kept > > outside the purview of this regime of transparency. The RTI Act overrides > > all other laws to the extent of inconsistency. There is no good reason > why > > newer laws meant to regulate the affairs of citizens vis-a-vis the State > > should strive to remain outside its ambit. The Draft Code should contain > a > > clause stating that all information may be provided in accordance with > the > > provisions of the RTI Act and all contrarian clauses should be deleted. > > This > > can take care of any ambiguity that may arise regards the interaction > > between the provisions of the RTI Act and the Draft Code after its > > enactment. > > > > > > What can we do to make this happen?: > > All of us interested in ensuring that the regime of transparency > > established > > by the RTI Act remains supreme must send our submissions to the Ministry > of > > > > Finance against this attempt to stunt the RTI Act. The easiest way is to > > visit the webpage of the Ministry and post our submission regards RTI. A > > sample submission is provided below for your use. > > > > Sample Submission: > > > > "Dear Mr. Finance Minister, > > I/We* am/are* (a) citizen(s)* of India vested with the fundamental right > to > > > > seek and obtain information from government and its agencies. The Right > to > > Information Act (RTI Act) passed by Parliament in 2005 gives effect to > this > > > > fundamental right and establishes a regime of transparency covering all > > levels of government. This law establishes openness and disclosure as the > > norm of governance. Secrecy is permitted only in a few exceptional > > circumstances. The RTI Act overrides all other laws to the extent of > > inconsistency. Indeed this position of supremacy granted to the RTI Act > > must > > be preserved and not whittled away bit by bit. That would defeat the very > > purpose of the RTI Act. > > > > The Draft Direct Taxes Code, 2009 (Draft Code) has been placed on the > > website of your Ministry for public consultation. I/We* congratulate your > > government for seeking people's views about its provisions. > > > > I/We* strongly believe that the Draft Code must be brought in line with > the > > > > transparency regime established by the RTI Act. I/We* recommend that > > sub-sections (5) and (6) of section 146 be deleted and the existing > > sub-section (4) of this section be substituted with the following: > > > > "(4) Any information relating to any assessee received or obtained by any > > income-tax authority in the performance of his or her functions under > this > > Code may be furnished to any person in accordance with the provisions of > > the > > Right to Information Act. (No. 22 of 2005)". > > > > Thanking you, > > Yours sincerely, > > > > > > (Name of the person submitting) > > > > NO AMENDMENTS - LEAVE OUR RTI ACT ALONE > > > > (*please delete whichever is inapplicable)" > > > > > > How do I upload my submission?: > > Please follow the following procedure: > > > > 1) In order to access the submission template click on: > > http://finmin.nic.in/DTCode/query.asp (If this does not work, please > copy > > and paste the URL in the address box of your browser) > > > > 2) Do not forget to enter your name, address and email id - these are > > compulsory fields. Your submission may not be accepted if you do not give > > these details. > > > > 3) Under the field 'Section of the Code' type in '146'. > > > > 4) Copy and paste the above mentioned sample submission in the 'Post your > > comments' box. Alternately you may paste a submission in your own words. > > > > 5) Please enter the alphanumeric captcha code in the next box. If you see > > capital letters then please use caps lock before keying them in. > > > > 6) If you have satisfactorily completed all these steps then click > > 'submit'. > > > > If nothing works, just email your submission to the Minister for Finance > > at: > > [email protected] <pkm%40sansad.nic.in> <pkm%40sansad.nic.in> > > > > Can I send my submission in hard copy? > > Of course you may send your submission in hard copy. Please write/copy > the > > sample submission on a post card or on a sheet of paper and post/courier > > to: > > > > Shri Pranab Mukehrji > > Hon'ble Minister for Finance > > Ministry of Finance > > Government of India > > North Block > > New Delhi - 110 001 > > > > Please remember to send your submissions by tomorrow (30th September, > 2009) > > > > latest. > > > > In order to access our previous email alerts please click on: > > > > > http://www.humanrightsinitiative.org/programs/ai/rti/india/national.htmYou > > will find the links at the top of this web page. If you do not wish to > > receive email alerts please send an email to this address indicating your > > refusal to receive email alerts. > > > > Thanks > > > > Venkatesh Nayak > > > > Programme Coordinator > > Access to Information Programme > > Commonwealth Human Rights Initiative > > B-117, I Floor, Sarvodaya Enclave > > New Delhi- 110 017 > > tel: 91-11- 2686 4678/ 2685 0523 > > fax: 91-11- 2686 4688 > > website: www.humanrightsinitiative.org > > alternate email: > > [email protected] <nayak.venkatesh%40gmail.com><nayak.venkatesh% > 40gmail.com> > > > > [Non-text portions of this message have been removed] > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > [Non-text portions of this message have been removed] > > > > > > > > > > [Non-text portions of this message have been removed] > > > [Non-text portions of this message have been removed]
