Subject: RTI Format For Income Tax Refund
:
This is useful to everyone. So keep it for future use & also forward to your friends.
ID. 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.
Tel:
Mob:
Email:
To:
The CPIO under the RTI Act 2005
Income Tax Officer
Income Tax Ward No…..
Room No…
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 above mentioned 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 Department
2. 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 …………………..
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.
Tel:
Mob:
Email:
To:
The CPIO under the RTI Act 2005
Income Tax Officer
Income Tax Ward No…..
Room No…
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 above mentioned 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 Department
2. 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 …………………..
Colonel N K Balakrishnan ( Retd ) ,
" SINHGARH",Pulleppady,
Chittoor Road,Kochi-682018
Phone- ( 0484) 2380987
098424 73192
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