First Appeal – True/ False
(PIO lies after denial of information)
Equivocate Response by Public
Information Officer & malafidely
helping prospective evaders of tax
To Dated:- 23/01/2017
First Appellate Authority
O/o the Hon’ble Joint Commissioner of Income Tax,
Range 23, Room No. 806, 8th 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 due to FALSE & EVASIVE REPLY BY THE HON’BLE PIO CONCERNED wrt reference number F.No.ITO/WARD-23(1)/RTI/2017/0023 Dated: 21/01/2017.
Respected Sir,
(1) That this concerned PIO with malafide intention is not providing me the information under right to information act, 2005 & is thereby trying to find one excuse or another as follows:-
A. I filed the RTI with same content (on 20/12/2016) as the concerned RTI to which the above reference number relates but this same Hon’ble PIO Sh. T.R. S.N. Dhingra Ji vide F.No.ITO/WARD-23(1)/RTI/2017/021 Dated: 21/01/2017 rejected my RTI stating that my postal order no. 32F 123456 dt. 21.09.2015 is expired as the date of eligibility is 90 days from the date of issue.
B. Then I filed the concerned RTI to which the above reference number relates on 15.08.2016 & used the postal order no. 32F 123432 dt. 21.09.2015 but the Hon’ble PIO Sh. T.R. S.N. Dhingra Ji did not replied to my RTI request.
C. Then I filed First Appeal on date 15/12/2016 but surprisingly the same Hon’ble PIO Sh. T.R. S.N. Dhingra Ji vide F.No.ITO/WARD-23(1)/RTI/2016-17/1920 Dated: 31/12/2016 replied me falsely & evasively as follows:-
(i) That the Hon’ble PIO Sh. T.R. S.N. Dhingra Ji falsely stated that he had already sent me the reply on 09/10/2016 which is a blatant lie. It is humbly submitted before this Hon’ble FAA that, had this been sent to me then there must be some postal proof document in support as objective evidencewhich this Hon’ble FAA has the authority to enquire/ investigate under the RTI Act, 2005 & therefore I request the same before this Hon’ble FAA.
(ii) He gave me an equivocate answer to point number 1 to 4. It is respectfully submitted that within my RTI concerned I had requested that “Please do not club the information to the points even if the information is repeated.”But still the Hon’ble PIO Sh. T.R. S.N. Dhingra Ji vide F.No.ITO/WARD-23(1)/RTI/2016/1920 Dated: 31/12/2016 clubbed the information & thereby provided me an equivocate response with malafide intention to evade the reply to some of the points.
(iii) Via point no. 2 of my RTI concerned I had requested, “Kindly supply the information i.e., the expected time period for the completion of the enquiry prescribed under the law.” but the Hon’ble PIO Sh. T.R. S.N. Dhingra Ji gave evasive reply by stating that “Nil as no record is available with us”. I would thereby most humbly & respectfully request this Hon’ble FAA to check the records & confirm whether in reality as per law there is no expected time period for completion of enquiry vis-à-vis tax evasion petition filed before Hon’ble Income Tax Department & does that also mean that the Hon’ble Income Tax Department (concerned authority) is empowered to hold indefinitely a tax evasion petition filed before it without putting on record whether such tax evasion petition filed before it was false or true.
(iv) Via point no. 4 of my RTI concerned I had requested, “Kindly supply the information i.e., the expected time period for the completion of the investigation prescribed under the law.” but the Hon’ble PIO Sh. T.R. S.N. Dhingra Ji gave evasive reply by stating that “Nil as no record is available with us”. I would thereby most humbly & respectfully request this Hon’ble FAA to check the records & confirm whether in reality as per law there is no expected time period for completion of investigation vis-à-vis tax evasion petition filed before Hon’ble Income Tax Department & does that also mean that the Hon’ble Income Tax Department (concerned authority) is empowered to hold indefinitely a tax evasion petition filed before it without putting on record whether such tax evasion petition filed before it was false or true.
(v) Via point no. 5 of my RTI concerned I had requested, “I request your esteemed authority to kindly provide me information whether the information provided by me has been found to be false or true” but the Hon’ble PIO Sh. T.R. S.N. Dhingra Ji gave evasive reply by stating that they do not have the records available for one of those persons against whom tax evasion petition had been filed. Thereby firstly he remained silent about all other persons against whom this tax evasion petition was filed & Secondly he did not honored the section 6 & 7 of the RTI Act, 2005 to transfer those parts which could have been related to other PIO’s.
(vi) It is NOT out of place to mention here that, tax evasion petitions/ complaints are usually filed about the tax evaded by some individual or by some group of individuals and this involves money directly and if Income Tax Department (concerned authority) is empowered enough to hold such petitions indefinitely without coming to a logical conclusion within a preset time whether information provided through such petition was false or truethen there is a dire need to amend the Income Tax Act 1961 & provision contained therein. And since this involves possibility of tax evaded by some individual / group of individuals & such evasion in itself is in cash (liquid of liquid assets) hence non providing of information under the RTI Act, 2005 with malafide intent is also a serious concern for the society we live in.
(vii) Further, the date when this tax evasion petition was filed is 14/07/2014 whereas the date mentioned by the Hon’ble PIO Sh. T.R. S.N. Dhingra Ji vide F.No.ITO/WARD-23(1)/RTI/2016/1920 Dated: 31/12/2016 is 29/11/2015 & it is respectfully submitted that on this date as mentioned by PIO I never filed any tax evasion petition.
PRAYER:
(1) To pass necessary directions in the light of above facts & circumstances
(2) The PIO be directed to immediately release this information which he has denied or evaded vis-à-vis no reply at all within the time prescribed under the RTI Act, 2005.
(3) To initiate action against the erring PIO u/s 20 of RTI Act’2005
(4) 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.
Any other reliefs/ order as this Hon’ble FAA deems fit.
(ATUR CHATUR)
C/o Q-7/77, GF, Sector-30, Rohini, Delhi-110085
Email: aturchatur@yahoo.com
Phone: 09873540498
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