First Appeal (I.T.Deptt) to just ask whether information provided by you was false or true & nothing else

FAA – Partly True, 

Fully True or False 

regarding Tax Evasion Petition

To                                                                                Dated:- 16/11/2016

First Appellate Authority

O/o the Hon’ble Joint Commissioner of Income Tax,

Range 23, Room No. 806, 8^th Floor, E2-Block,

Pratyaksh Kar Bhawan, Dr. S.P. Mukherjee Civic Centre,

JLN Marg, Minto Road, New Delhi - 110002

Sub:-   First Appeal u/s 19(1) of RTI Act 2005 wrt reference number F.No.ITO/WARD-23(1)/RTI/2016/1234  Dated: 15/11/2016.

Respected Sir,

(1)   That as per above reference number I have been informed that, “The Tax evasion petition filed by you dt. 14.7.2014 is under progress so we are not able to say that whether information provided by you is false or true”.

(2)   That I request this Hon’ble FAA to kindly peruse that Tax evasion petition dt. 14.7.2014 which is under progress as per this Hon’ble PIO based on which this Hon’ble PIO Sh. T.R. S.N. DHINGRA JI replied vide F.No.ITO/WARD-23(1)/RTI/2016/1234  Dated: 15/11/2016that “The Tax evasion petition filed by you dt. 14.7.2014 is under progress so we are not able to say that whether information provided by you is false or true”

(3)   That this information concerned is of immense relevance, to defend myself in criminal proceedings.

(4)   That the appellant request this Hon’ble FAA to kindly refer below Citations/ Judgments by Hon’ble CIC (Annexed for your kind perusal) as follows., CIC/LS/A/2009/001179 18.02.2010 , it was held that, “It is to be noted that investigation into a TEP cannot be allowed to go on ad-infinitum and that it should be concluded in a reasonable time frame where after the broad outcome thereof needs to be communicated to the appellant i.e. whether the allegations made in the TEP are fully true, partially true or untrue.”           (Annexed for your kind perusal)                      CIC/LS/A/2009/000386 19.1.2010 it was held that, “The CPIO, therefore, is directed to disclose the following information to the appellant :- (i) Whether or not Shri Baljinder Singh has filed Income Tax Returns, for the years 2005-06, 2006-07 & 2007-08. No details, however, need to be supplied. (ii) If, it is true that the appellant had filed a tax evasion petition in respect of Shri Baljinder Singh, and if the investigation has been completed, the broad outcome thereof, (that is, whether it has been found to be fully true or partially true or false) should be disclosed to the appellant.”   (Annexed for your kind perusal)                                                                    File No.CIC/LS/A/2009/001113Appellant : Shri Chetan Anand Parashar Date of Decision : 19.2.2010 CIC held as follows :- “7. In view of the above discussion, the decisions of CPIO and AA in regard to non disclosure of ITRs are upheld. Even so, the CPIO is directed to intimate the outcome of TEP to the appellant in 03 months time.”  (Annexed for your kind perusal)                                                                              And In another decision dated 18.02.2010 in Virag R Dhulia Vs IT Department, Kolkatta File No.CIC/LS/A/2009/001179, it was held as follows : “……………(6)In view of the above, Income Tax Office, Ward No.31(3), 20, BC Middleton Row, Kolkatta – 700017 is hereby directed to complete the investigation in next three months time and intimate the broad outcome thereof, as indicated herein above, to the appellant in three months time.”  (Annexed for your kind perusal)

PRAYER:

(8)   To pass necessary directions in the light of above facts & circumstances

(9)   The PIO / CPIO be directed to intimate the outcome of TEP to the appellant in 03 months time/ next three months time.

(10)The PIO / CPIO be directed to intimate the outcome of TEP to the appellant as follows viz., fully true or partially true or false.

(11)To initiate action against the erring PIO u/s 20 of RTI Act’2005

(12)The further information shall be provided free of cost i.e., the applicant/ undersigned be exempted in view of section 7(6) of RTI Act 2005 from payment of any further fee payable by me for supplying of requested information on account of default on the part of PIO to supply information within prescribed time.

(13)        Any other reliefs/ order as this Hon’ble FAA deems fit.

Enclosed:-       (1) File No. CIC/LS/A/2009/001179

                        (2) File No. CIC/LS/A/2009/000386

                        (3) File No. CIC/LS/A/2009/001113

 (ATUR CHATUR)

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