Hi Sir,
Wife filed 498a on me saying 15 lakhs dowry and 150 grams gold given at the time of marriage after that I got regular bail . I have filed TEP and received reply from RTI below.Please advise shall I file First Appeal? If so please provide the format and questions.
TEP Filed and RTI Reply Received
1. Whether Sri. XY is an Income Tax assessee?
2. If he is an Income Tax assessee, has he been filing his Income Tax Returns on a regular basis
3. Please provide me the details with certified copies of Income Declared/ Income Tax Paid from the period 2012-13 to 2013-14.
4. Did Sri. XY explained the source of expenditure amounting to Rs.15 lakh on the marriage of his daughter Ms. Z, during the course of enquiry made by the office of The Addl. Commissioner of Income Tax? Any other information submitted by him on the source of the above said expenditure?
5. Kindly provide certified copy of observation was made by the The Addl.Commissioner of Income Tax. While recommending the re-opening of the assessment of Mr. Sri. XY for the Assessment Year along with copy of the order?
6. Kindly provide certified copy of How much income has been re-assessed in the assessment order of XY as income from un-disclosed sources and the copy of Asst. order for the last Asst. year.
7. How much Income Tax demand including interest has been created as per notice of demand and also supply the copy of the notice of demand?
8. How much outstanding Income Tax demand has been recovered from Sri. XY?
9. What action has been taken for the recovery of outstanding demand from Sri. XY?
10. Is there any stay order against outstanding Income Tax demand? Copy of the stay order, if any, may kindly be supplied
11. What is the final stage of Income Tax Case of Mr. XY the previous years 2012-2013, 2013-2014 Asst. Year 2014- 2015?
12. Smt. XY ever filed any income tax return mentioning the details of source of alleged money and alleged costly items ever given by them in marriage and after marriage of their daughter as admitted in writing in their List submitted with TEP and also for maintaining other luxuries of life.
13. Whether they have paid income tax & wealth tax on there alleged cash/jewelry expenses.
14. Whether the persons mentioned above are liable for any action against them for tax evasion (income tax, wealth tax, etc) as per rule and kindly give the brief details of recovery efforts/punishments that can be awarded for violating the rule in above cases.
15. Kindly intimate the action initiated/taken by your department against the persons mentioned above and the amount of Tax recovered/expected to be recovered from them.
16. Kindly provide a copy of the preliminary assessments/investigations.
17. Has Sri. XY preferred any appeal against Asst. Order? What is the status of the appeal and till what time could its disposal be expected?
18. Kindly provide me the name & designation of the officer who is providing this information as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
19. If the department has decided not to provide the above mentioned information, the reasons why?
20. What reasons your department has with not complying with the ratio of judgement laid down by Hon’ble Delhi High Court in Bhagat Singh Vs Central Information Commissioner and Others vide Writ Petition (Civil) 3114/ 2007 dated 03.12.2007.
21. Has XY, attended all hearings at Income Tax Department w.r.t. proceedings initiated against him, if not, on what dates he has not joined the proceedings and what reasons he has assigned to the same.
22. Please provide the list of all people with complete addresses who have helped with money on the occasion of the marriage of the daughter of XY, with the money they claim to have given to XY.
23. Have any of such persons claimed to have helped with amount more than Rs. 20,000/- (Rupees Twenty Thousand only). If so, please provide the name and complete address of that person.
24. If any person exists, which can be subjected to the conditions enumerated in Query 3, what action Department has taken for flouting s. 269SS of Income Tax Act, 1961? If the said person did not fall under the jurisdiction of your esteemed office, has the information been passed to relevant office having the jurisdiction over that person?
RTI Reply Below
1. In connection with the subject matter for point No.1 to 17, 19 & 21 to 24, you are here by informed that no information can be given as per clause (j) of subsection 1 of section 8 of the RTI Act, as this involoves no larger public interest and the details disclosed by a person in his income tax returns are confidential in nature and moreover the persons for whose information you asked for , have not given their consent for disclosing their Income Tax particlulars.
2. With reference to the point No.18, the information is provided by the undersigned.
3. With reference to the point No.20, you may refer judgement laid down by the Hon’ble Supreme court of india in Girish Ramachandra Deshpande Vs Central Information Commissioner & Ors. Vide Special Leave Petition (Civil) No.27734 of 2012 (@ CC 14781/2012)
4. As per Section 19 of the RTI Act,2005, you may like to file an appeal within 30 days of the issue of this order to First Appellate Authority, whose particulars are given below.
Please advise shall I file First appeal ? after how many days u want me file First appeal?Please provide the format of First appeal.
Thanks for ur time and quick response. .
