RTI for refund for IT Return.We occasionally find getting a Refund from
Income Tax a Problem and no one listens to us, especially if the case is old. I
faced a
similar problem. A friend advised me to put in an RTI. I did so and got a
refund within 15 days. A sanitised draft of an RTI appl is attached for your
Information. The CPIO is the ITO; The First Appeal is with the Addl
Commissioner of IT i/c
of that Ward/Range (this was given in the reply of the CPIO). The application
runs something like this: "Dated : ............................. From: Mr. New
Delhi 1100 Tel: Mob: Email: To: The CPIO under the RTI Act 2005 Income Tax
Officer Income Tax Ward No..... Room No..., Mayur Bhawan New Delhi
110001 Sub: Application for information under Sec 6(1) of the RTI Act 2005
Dear Sir, I, ..................., a Citizen of India hereby apply for the
following information under the RTI Act 2005: Background: Enclosed is a
photocopy of my Income Tax Return for the
Financial Year 2005-06 (AY: 2006-07) submitted on .............. to your Ward
No ........... My PAN Number is ____________ In the abovementioned Income Tax
Return, I had claimed a refund of Rs. _____. As on date, I have not received
the said refund order along with the detailed calculation of the refund
and the interest payable thereon and nor has it been credited to my Bank A/C
No. _________ with ............... Bank, address:.......... In this connection,
please provide me the following information under the RTI Act 2005: Information
Sought: 1. A certified copy, of the "Citizens Charter" issued by your
Department2. As per the Citizens Charter, in how many days is the Income-Tax
Department supposed to refund the excess income tax paid by the Assessee and
claimed in his IT return ? 3. Names,
Designations, Office Address, Office Telephone Number, Mobile Numbers (in case
mobile provided and paid for by the office), of ALL the officers of the
Income-Tax department who have seen my Income Tax returns and are supposed to
process the refund claimed therein. 4. Name, Designation, Office Address, Office
Telephone Number, Mobile Number (in case mobile provided and paid for by the
office) of the Officer with whom my Income Tax refund matter is presently
pending ? 5. The date since which the file/matter is pending with the Officer
as identified in Item 4 above. ....Contd. Page 2 - Page 2 - 6. Please inform me
the reasons under Sec 4(1)(d) of the RTI Act for the following, since I am an
"affected" person a) The file/matter to be pending with the officer as
mentioned in item no. 4
above. b) The delay in refunding the amount as claimed in my Income Tax return
under reference 7. Please provide me certified copies of any instructions
received from any higher authority of the Income Tax department or any other
"Competent" Authority which has instructed the assessing officer or any other
officer to delay the refund of excess income tax paid by me in my IT return
under reference 8. Inspection of all files and records,
including all file notes, concerning the processing of my refund claim as
mentioned above 9. The Name, Office Address, Office telephone number and Mobile
Number of the Higher Officer to whom a First appeal will lie under Sec 19(1) of
the RTI act 2005 The CPIO is requested to note, that the information requested
above, has not been submitted by me to the Public Authority but has been
generated by the department
and/or is available on their records.
Therefore it does not fall under Sec 8(1)(e) - information submitted in a
"fiduciary capacity". Further, the information requested in this application is
pertaining to me (the applicant) and is therefore not covered under Sec 8(1)(j)
or Sec 11 - personal or private information or third party information. The
CPIO is also requested to note that
there is no sub clause in Sec 8 or Sec 9 of the RTI Act, under which, a CPIO
has the option, of denying information, unless it serves a larger "public
interest". I am willing to pay any additional charges as determined by the CPIO
under Sec 7(3), and communicated to me with a reasoned order, which includes
detailed calculations, which have been used for demanding the extra amount to
be charged. In case the CPIO has any doubts on the information requested above
or needs any further clarification, he is free to call me on any of the numbers
mentioned above, at any time of the day or night. Please find enclosed IPO No.
................ for Rs. 10.00, dated ........... payable to "Accounts Officer"
towards payment of Application Fees for this RTI Application. The payees name
on the IPO is as per DoPT Circulars F.No. 1/2/2007-IR dated 23 Mar. 2007 and
F.No. 10/9/2008-IR dated 05.12.2008. Thanking You,
(............................) Encl: 1. Copy of IT Return for the FY
................... (AY: .............) 2. IPO No. .........................
for Rs. 10.00 dated .......................SHARED BY A FRIEND - MAY BE OF VALUE
TO SOME AMONGST US...
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