Hi Guys,

I filled the Tax Evasion Petition in Nov 2008, and later Filled an RTI asking for details on what action has been initiated against thet TEP.

I got a reply from CBDT, investigations-I that:

3. "your letter dated XX November, 2008 regarding complaint of alleged tax evasion against (My inlaws), Ghaziabad has been forwarded to the Director General of income Tax (Investigation), Lucknow for necessary action in accordance with the procedure for handling of Tax Evasion petition formulated by the CBDT and circulated to the field formations. Any further information as regards the said complaint may kindly be obtained directly from the office of Director General Income Tax (Investigation), Lucknow whose address is given below:
"The Director General of Income Tax (Inv)"
Aayakar Bhawan Annexe,
5 Ashok marg,
Lucknow - 226001"

4. Your application is accordingly disposed off u/s 7 of the Right to Information Act, 2005. Appeal against this order, if desired can be preffered before the following Appellate Authority:
"Director (Investigation-I)"
CBDT, North Block

So far so good, I need to take advise from Forum members what to do next? Forward the same RTI application along with the copy of this reply to the Lucknow Director General of IT?
Or there is something else I should do in addition to the above. Should I also move a seperate RTI (with same content) to the CIO, Ghaziabad?

Please advise...

Any piece of advise on this guys???

Gaurav,
You need to apply directly to IT Director general Lucknow for quick result and sure hit filing an appeal would again lead to same answer.

Dear Poppinder Ji,

So, I should just send the RTI to The Director General of Income Tax (Inv)

The post Office also started taking RTI applications, is it OK to send the RTO through Speed post?

Attach a Rs 10 postal order to the RTI and also use an acknowledgement due card so you know they received it -- if you are going the postal route.

Send by Registered post/Ack Due. Speed Post or no super speed post is all the same.

Hi Guys,

Stage 1: I filled TEP
Stage 2: I filled RTI to know the status of TEP
Stage 3: Got RTI Reply from CBDT - that your letter is forwarded to correct office and file number for the case is registered. Any further information as regards the said complaint may kindly be obtained directly from the office of Director General Income Tax (Investigation), Lucknow

Stage 4: I filled RTI to DGIT(INV) Lucknow

Stage 5: I received RTI reply from DGIT(INV) Lucknow stating that the information is personal in nature and cannot be shared.

POINTS / HELP NEEDED:
In my RTI I only asked specific questions on Status of TEP, and what action is initiated, any tax recovered, and are the in laws filling tax returns as per the amount stated in the complaints against me.

Now guys, can you help me the following:
1. What exactly should I write in the appeal against the response I got from the DGIT(Inv) Lucknow, because as per the 2 high courts judgments I am authorised to get such information. Shonne Bhai or any other member if they have a template that I can use , I would be really grateful.

2. To whom the appeal should be send this time? Since the DGIT(Inv) Lucknow rejected for such information.

Thank you guys for all your support.

2.

Hi Gaurav,

I have replied to the same set of query in previous mails. Call me, we would file 1st appeal.

Regards,
Shonee

Hi Guys,

Need help to understand this, I carefully read the reply of the CPIO which states that as per the Second amendment to the Second Schedule of the RTI Act the DGIT (Inv.) is excluded to Not to provide the information as per RTI Act.

I will post the exact reply tomorrow and need your opinion - if this is true?

Links:
http://www.rtiindia.org/forum/4181-i-t-investigation-wing-out-right-information-ambit.html

Dear Gaurav,

DGIT has been exempt from RTI act since March 2008. But the TEPs are succeeding.

Please refer the below link:
http://www.mail-archive.com/rti_india@y ... 01114.html

It says:

secondly notificationis for Director General of Income Tax - Investigation.
Therefore it restrict to DGIT(Invet) only. i.e. this notification is not applicable Director of Income Tax (Invest) with whom , most of the information are rest.

Also, read the CIC judgements on RTI by typing in google search box for "tax evasion petition site:cic.gov.in" Read judgements after the date of Delhi High Court Judgement only, as before that Income Tax and CIC had been denying this information to anyone.

You would find that if you address your application to Commssioner of Income Tax instead of Director General of Income Tax (Investigation), your RTI is bound to succeed.

The differential lies probably (though I am not sure), DGIT has the powers of search and seizure, and letting this information out may be dangerous during investigation. Whereas Commissioner of Income Tax has no such powers, they can just demand an explaination and issue demand notice for balance Income Tax.

It is my presumption that the powers are as diffirent as in criminal (arrest/ remand/ chargesheet/ evidence) and civil court (Petition/ reply/ evidence).

And I am saying it again, it is all based on presumption, second hand knowledge and experience of fellow members of this and associated forums.

But one thing is for sure that RTI and TEP are succeeding, my own RTI was filed after March 2008 and got the results. And when I was filing the RTI, someone advised me not to file with DGIT (Investigation) as they are exempt from it.

Regards,

Shonee

Here is another news clipping on what ground only the information can be rejected by Income Tax Department
http://timesofindia.indiatimes.com/Hyde ... 108676.cms

Find the CIC decision dated 16-07-2008

viewtopic.php?f=16&t=3744&hilit=+Income

This is also after the DGIT (investigation) was exempted from Disclosing such information. DGIT was exempt under section 24 on 28-03-2008 itself.

Regards,

Shonee Kapoor

Thank you shonee, for your detailed reply.

I will now move forward with the fresh RTI application to the CIT of the area.

Hi Friends,

I have send the RTI to
The Commissioner of Income Tax,
CGO Complex, Hapur Chungi,
Ghaziabad, UP - India

on March 28, 2009 from Delhi Post Office, till date I have not received any response. What should be my next move?

I know I look like a little too late person for these RTI's but the circumstances are such that i cannot take time out to look into these earlier, your support will be invaluable at this juncture.

Poppinder ji and shonee bhai if you hold my hand here and guide me for these RTI's I will be highly obliged...

Thank you all.

You have two days left to file the first appeal.

I sent RTI to I/c tax office for getting IT details of my wife, but they replied that it is no public interest so declined to give info. I went for appleal on that but in the appeal reply also witout conducting trail in presence of my they reply the same. I think I have left out only to go for further appeal with CIC New Delhi. I am so annoyed by the Govt authority in not obeying any rules in RTI just they reply no public interest you can go for appeal. RTI in my xperince is so boring how many appeal I can go. it is really boring...

Hi shonee,

Where to file the first appeal and what to write in that? Since this is NO Response at all so I guess the appeal should be straight forward and small?

Please suggest. Is filing the first appeal online from this link OK?
http://rti.india.gov.in/rti_direct_complaint_lodging.php

Regards,
gaurav.

Mailgaurav,

Find out who is the Chief Commissioner, I guess it would be Meerut of Lucknow. Please file First Appeal in that.

Convicted Hubby,

If even first appeal has elicited no response file online to CIC, requesting them to direct respondents (i.e. PIO and First Appellant) to release the information.

Regards,
Shonee

Hi Friends,

I had filled a fresh RTI to Chief Incometax officer on 31/07/09 and today I received the following reply, may you please through some light how should I deal with this so that it turns out as an advantage.

==============
Please refer to your petition filed under RTI Act finally received in this office on 19-08-2009. In this connection, you are requested to attend the office of the undersigned on 31/08 along with all documents and material in support of your contention. Please note non-compliance will be adversely viewed.

===============

It is strange to read the following "Please note non-compliance will be adversely viewed" and also call for meeting because I had already submitted all evidence in my TEP, and also while filing RTI. Is this normal course of action?

Anyone having any experience in this matter handling at Ghaziabad CPIO office, please comment.

also need to ask if it is advisable to take the income tax lawyer with me?

What co-incidence, Mail Gaurav,

I also got the same missive, same date, just the ITO is of Sonepat.

Anyways, I have written to FM etc. and sent a detailed letter that I am not required to furnish any further details, as I have furnished all details about the claims raised by the evader and his family members only....

I am seriously thinking of complaining to CVC too, because the same IT Office asked me to deposit fee as per RTI 7(3) and has not given me any information, which is cheating.

The crux of what I have written is:

How can I be called to prove the claims made by someone else. I as a duty bound citizen has informed that someone is raising such and such claims about his affluence, as a proof, I have submitted the complaint given by them in which they have detailed their expenditure.

It is for the department to find whether the claims are true or not and provide me the information collected as per the provisions of RTI.

And moreover, I can not be legally called to accept any claims made by the evader and his family members. As the same would be self-incriminating, which is not allowed in law.

Something from my letter, which maybe useful for you:

That the above stated Tax Evasion Petition is elicited by the claims extended by the daughter of the evader. The daughter of the evader has stated in her written complaint to Mahila Thana, xx a large part of the above Tax Evasion Petition, a copy of the FIR, list and cost of dowry articles as provided by the daughter of the evader and her statement had already been forwarded by the petitioner to the department along with his Tax Evasion Petition dated 02-08-2008. The evader in his statement u/s 161 CrPC has also repeated the same claims thereby agreeing to all the claims made by his daughter and hence has accepted the claims made by his own daughter. In light of the above, the petitioner is not required to furnish any additional documentary proof in regard to the claims made and further accepted by the family members of the evader and evader himself.

I would have pasted the complete letter, but for the fear that someone else might also be reading it, I am not posting the complete text.

I checked with our own RTI Guru Raghu Rao and thereafter with someone in IT Department. ITO can not call upon to substantiate any claims made in TEP before submitting a report in this regard to Commissioner/ Addl. Commissioner.

There is presumably a HC order also in this regard, However, I have not seen the same. Would share the HC directive, once I get hold of it.

Regards,

Shonee Kapoor

It appears that once an RTI petition is filed, the IT officials are trying to harrass the petitioner. Shoneek's response is excellent. The concerned IT officer is hoping that the petitioner will be scared into silence. He should be told repsectfully that the act does not require him to meet him, and again ask for the requested information citing RTI act. Put him in the hot seat. The govt officials want to just sit there and mint money!

Even, I got a letter that they will take action and they asked for the details. However, I said all the money I gave them are taxed by IRS and also told them to tell me what action they did take. No answer.

I bombarded them that if they are blind with a judicial confession and a police charge sheet and if they think they that those are all allegations, I asked them to give it in writing. No answer yet. I also asked them to be sincere and not become corrupt like the police.

I also attached a Delhi HC order that in dowry cases for the reason of probing, the ITO cannot deny the RTI as it causes no harm to the third party.

-savemyself.

Hi savemyself,

Can you guide me to the link of quoted judgement of Delhi high court?

Is it Bhagat Singh Vs CIC?????

Yes It is the same judgment and is also in the media.

I am already fedup with this IT guy in HYD. So far there is no response for the TEP petition which my father filed but in reverse the IT guy is asking my fathers accounts to show now and then.

How did you file the TEP? Did you write a cover letter stating that you probing to unearth the fictitious dowry and want to ascertain whether such property or cash exists on earth or is State Govt property.
You should always start with that line.
Go to PG Portal and file a grievance that this fellow took a bribe and instead of trying to solve his grievance , he is harassing you to disclose the details. File RTI and escalate and keep pounding on this fellow. Send a copy of the letter to the Anti corruption bureau.

Write to the CCIT about this fellow's nonsense.

-savemyself.

The minute you start to parade this fellow in front of different depts, he will start going bananas.
I paraded a public sector bank senior staff with the police and home ministry and then see the game.

Do not lose your cool when writing your emails and use polished words that can have a knock on effect.
Believe me it works. I got the bank to issue a show cause notice just with this parading. I did not leave the CEO of the bank as well. I spent some money on postage but in the end, it worked. They will then work to cover themselves and in return they will flounder with inconsistencies. Use the same with IT as well. Do not leave a single bas**** out.

There are always email addresses available on the Internet. I have the email add of the CM's office of the State of AP as well.

I did draft TEP to different depts in the state IT offices and sent soft copies to india and then my frd mailed them to IT office with my father signed in it and may be since my father signed on it now they are runnig behind my father for IT returns.

How about starting the same process again from here with my US address just as you did or is there a way to just email them.

Hi Friends,

Back from meeting with tax officer and CPIO, turned out to be their letter is rotine in nature as told to me by Poppinder ji. Even teh officers said if i didnt turned would not have made much difference to the investigations (or because anyway they are not going to do any work he .. he .. hee)

Jokes apart, I felt good after meeting them, though I had nothing to add to my documentary proofs other than what i had send them earlier, the good news is these guys had already gone into the TEP in detail and send the file for additinal commisioner of IT for signature so that they can take action, and the other good thing is they know who is teh bakra now - for a chang its not the husband but the Husband father in law, mother in law who had given statements under oath of spending 20 times the income they are showing to IT department... (or I guess more than 20 times) they said exactly that agar janab itna kharcha kaa hai to hame details to dene padege unko ki paisa kha se aaya...

Other thing which was obvious but become crystal clear after visiting the ward officer/CPIO is that he is handling cases where the assess income is less then 5 Lac rs. per annum. So that in itself a hint what is their financial status.

These guy

This is indeed a good news.

Gaurav,
Post facto:- it is clarified that visitin was good than not going;Since you have personal update now if nothing more;I suggest you meet him after abt 30 days with some flowers>>>>>>>>>>>er....Gift for all the help he may start giving you including the dates of appearence of your Outlaws to the concerned ITO's

Poppinder Ji good Suggestion, will do you.

The other point i need to discus is as per their claim they have received the RTI application on 19 Aug, so in that manner they still need to reply back to me within 30 days of that date? Correct? If they do not reply back should i go ahead and file First appeal?

Also guys the IT guy told me they do not have any details for my MIL - so she is not filling any returns, I informed them that I have her PAN number to which he said that will be great, we can now trace her records easily. So I communicated the PAN details today to him by phone and Speed Post.

Point is if you can trace teh PAN details it makes their life easier and investigations quicker.

Gaurav,
Whatever communication you need to do with ITO do it in writing with facility like speed Post to get the desired results.
Your MIL would soon forget to smile when called to join investigation at ITO.
I have seen a similar case in jalandhar where MIL later went to Her SIL and said let us finish the matter ASAP so that case against her is withdrawn at ITO.Boy went for Mutual consent divorce very quickly took all the undertaking from Girls side. and wrote in return that I also withdraw all my cases and complaint against her.
After sometime the MIL noticed that communication kept coming from ITO and she was let off only after she payed an hefty penalty ITO dismissed her plea that the case stands withdrawn as the case was between ITO and assesse and boy had no authority over it anymore.
Remember and take care.

Sounds Good :) And I have learned it that any communication should not be only done orally but also send a Speedpost for the same.

Gaurav,
So be it!
Learning is the greatest experience man can enjoy and keeps are free at your entire discretion that is why they say:-
"Learn to drink the cup of life as it comes." - Agnes Turnball