Joined: Tue Mar 18, 2008 5:44 am
Location: Delhi (India)
There has been few requests when the information asked is not recieved by the fellow patrons of the site. I have replied to few of the mails, but I am sorry, I can not draft applications for everyone. I am putting a sample for first appeal. Please help yourself. I would be able to review in case you need any help.
Please don't mind, I have recently changed jobs and in new scenerio it has become difficult for me to devote the time I used to devote on the forum and mails.
PS: I have tried to make grounds of appeal as exhaustive as I could, but still new points could be added.
Commissioner of Income Tax,
Sub:- First A.ppeal under 19 (1) of RTI Act, 2005
Reference: Letter no. XX dated XX of CPIO ABC.
1. The appellant is constrained to file a First Appeal u/s 19 (1) of RTI Act to your esteemed self against your Junior Officer Sh. A, CPIO, ABC.
2. The brief FACTS of this matter are:-
a. That the appellant filed Tax Evasion Petition along with Request for Information to Addl. Commissioner of Income Tax on XX. Copy of the same is attached as ANNEXURE 1
b. That the concerned CPIO replied u/s 7(1) on XX vide his letter no XX dated XX directing the appellant to pay Rs. X/- (Rupees X only). Rs. X/- (Rupees X only) of the same being postage and other charges and Rs. X/- (Rupees X only) as the prescribed copying charges at Rs. 2/- (Rupees Two only) per A-4/ A-3 size page for X pages as to be provided in the information. Copy of CPIO reply is attached as ANNEXURE 2.
c. That the appellant promptly deposited the fee of Rs. X/- (Rupees X only) as directed by the following means – DD in favor of Zonal Accounts Officer, ABC, XYZ. Copy/ Details of DD is attached as ANNEXURE 3.
d. That on X the appellant received a communication vide letter no X dated X from the concerned CPIO, which evaded providing me even an iota of the information requested. A copy of the impugned communication is attached as ANNEXURE 4.
3. My GROUNDS for the appeal are as follows:-
a. BECAUSE, the CPIO has till date failed to provide the appellant the specific information requested and despite the appellant depositing the fees he required to do so.
b. BECAUSE, the period of 30 days allowed to CPIO to provide me information computed after excluding the time between demand for further fee and actual deposit of the further fee has long expired also rendering the CPIO liable to penalty u/s 20(1).
c. BECAUSE, there is no provision in the RTI Act to deny information to an applicant once the further fee computed by the CPIO are actually deposited.
d. BECAUSE, the communication dated X is evasive.
e. BECAUSE, the communication dated X is false.
f. BECAUSE, the communication dated X is malafide.
g. BECAUSE, the CPIO has failed to provide appellant information from the entire Public Authority, i.e. “Income Tax Department” as sought while mischievously restricting his reply to his own office at ABC.
h. BECAUSE, the CPIO has failed to access the information available to him in his statutory capacity as CPIO u/s 5(1) of RTI Act read with 5 (4) and 5 (5) of the RTI Act from other officers of this Public Authority or by accessing centralized databases of the Department meant for such situations.
i. BECAUSE, the communication dated X and the information supplied bears no relation to the information requested. The same being irrelevant, incomplete and misleading etc.
j. BECAUSE, despite there being no denial of information by the CPIO using exemptions specified vide section 8 of the RTI Act, the appellant is yet to receive specific information and documents to his specific queries. OR
j. BECAUSE, when the information is denied u/s 8(h), the appellant is not provided with any written reasons preferred by "ABCD" for denial of such information. Nor has the CPIO given any reasons for such refusal or particulars of the appellate authority.
k. BECAUSE, the CPIO has failed to inform the appellant if, “ABCD, is an Income Tax Assessee.”
l. BECAUSE, the CPIO has failed to inform the appellant if, “ABCD, has filed his returns on a continuous basis from years X to X.”
m. BECAUSE, the CPIO has failed to provide the appellant “certified copied of Income Declared/ Income Tax paid for the period 2001-02 to 2007-08 for ABCD” for which the appellant had paid the further fee as per his demand.
n. BECAUSE, the CPIO has failed to specifically inform the appellant “Action initiated against ABCD in view of the Tax Evasion Petition of the appellant to recover the dues of Income Tax” for which the appellant had paid the further fee as per his demand, whilst only generally informing that enquiry is being conducted.
o. BECAUSE the reply of CPIO is against the ratio of decision in WP(C ) No 3114/2007 dated 03/12/2007 of the Hon’ble High Court of Delhi concerning disclosure of actions on Income Tax Evasion Petitions even during pendency of an enquiry to the petitioner.
4. According the appellant is constrained to PRAY for the following reliefs:
a. That the CPIO be ordered to provide the appellant the requested information forthwith.
b. That a personal hearing be afforded to the appellant u/s 19(5) of RTI Act and interests of natural justice in the event the CPIO opts to justify and/ or prove the willful denial of information to the appellant.
c. That a copy of comments/ reply of CPIO, if any, to this First Appeal be provided to the appellant well in advance of the hearing date.
I, the deponent named herein do verify that the facts as narrated above are true and corrent to my best knowledge and belief.
1. The Tax Evasion Petition sent by the appellant on X along with all Annexures including he Judgements of Hon’ble High Court of Delhi in regards of CRL.M.S. 7262/2006 dated 23.02.2007 and WP(C ) No. 3114/2007 dated 03.12.2007
2. The reply received by the appellant for RTI fee and postal charges vide letter no X dated X
3. The response of the appellant alongwith the demanded fee of Rs. X/- dated X
4. The reply received by the appellant vide letter no no. X dated X