Sandeep (firm) 08 April 2015
A contractor engaged by a residential society has purchased some construction materials from outside state for consumption in a state. To take benefit of rebate in sales tax, purchase orders were placed by the contractor but payments were made by the society. For more than two years, contractor hasn't provided copies of dharama kanta receipts, invoices, C-forms in respect of these purchases. Can copies of C-froms be obtained from tax department under RTI.
G.L.N. Prasad (Retired employee.) 09 April 2015
One has to seek information without any doubts from Public Authority under RTI Act, after all the expenditure is just Rs.32/- (Rti fee Rs.10/- + Rs.22 Registration expenses)
As it is a Public Authority's record it must be provided, there is also larger public interest as evasion of taxes and duping depts comes into picture.
As this information is not exempted under Sec.8 of RTI Act, please seek such certified copies and apply in personal name of office bearer, and provide address of Society and also state facts that contractor/builder has also not provided Dharma Kanta receipts etc., and payments were made by Society.
T. Kalaiselvan, Advocate (Advocate) 12 April 2015
Yes the society can approach the authorities requesting the desired information through RTI Act.
G.L.N. Prasad (Retired employee.) 12 April 2015
A society can not seek information under RTI Act, but a citizen can only seek information under RTI Act. So application has to be filed in Individual name, and the particulars of designation can be given as address.
Ex... Name of Applicant: Mr. X ,..................(Secretary.................Society)
If the society is involved in direct and indirect payment of that tax, a notice can also be issued as an affected party seeking such copies, as consideration is involved.
T. Kalaiselvan, Advocate (Advocate) 12 April 2015
I meant by society that the authorised office bearer or the signatory can seek the desired information on behalf of society through RTI Act, the meaning thereby goes without saying.
Mahesh V.P. (Advocate) 29 May 2015
There are leglislation prohibiting disclosure of particulars by tax authorities in respective states, for examble you will not get the C-form paraticulars of an assessee under RTI Act in Tamil Nadu as the same is prohibited under section 85 of the Tamil Nadu VAT Act.
G.L.N. Prasad (Retired employee.) 29 May 2015
With due respects, RTI Act superceeds all such earlier acts as the purpose is for Transparency and Accountability. Denial is possible only for specific information qualified as exemption under Sec.8 or Sec. 9.of RTI Act. Can any one inform factual position through a decision/judgment that C form disclosure is prohibited ?
Jigar 16 December 2020
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