stolen sales tax
Public Information Officer, Sales Tax Office, Department of Trade and Taxes, Govt of NCT and Delhi, VYAPAR BHAWAN, I.P. ESTATE, NEW DELHI-110 002
This is an application under RTI Act. Postal Order for Rs 10/ is attached as required.
On first floor of Lawyers Chambers at Dwarka Courts Complex in Sector 10 Dwarka, New Delhi, between Petition-Writers Room and Bar Council office, is a window behind which two photocopy machines are operated by certain persons who charge for photocopy services, but refuse to issue receipt, even when asked. In November 2011 undersigned had got 480 pages xeroxed from the location, for which the persons charged Rs 480/, but refused to issue receipt, which caused loss to undersigned as these were official papers. The queries in this RTI application are as follows:
1. As per estimate of Sales Tax Department, what is the amount of sales tax lost in Delhi/ NCR in which no receipts are being issued for sales made?
2. What measures are in place to ensure there is no connivance between persons who make sales without issuing receipt, and personnel of the Sales Tax Dept, to get together to cheat the public exchequer?
3. As per estimate of Sales Tax Department, what is the total value of transactions of making photocopies annually at the at Dwarka Courts Complex in Sector 10 Dwarka, New Delhi?
4. What is the total value of sales tax received for transactions of making photocopies from Dwarka Courts Complex in Sector 10 Dwarka, New Delhi for the latest year for which figures are available?
5. How can the Sales Tax Dept help citizens who lose their money in this manner due to lax monitoring by your department?
6. What specific steps need to be taken in this case to recover the receipt of Rs 480/ in this case?
We have drafted your RTI:
To,
Public Information Officer,
Sales Tax Office, Department of Trade and Taxes,
Govt of NCT and Delhi, VYAPAR BHAWAN,
I.P. ESTATE, NEW DELHI-110 002
Subject: Application for Information under Right to Information Act 2005
1. Give me the Estimated amount of loss of sales tax in Delhi/NCR due to sales without issue of receipts.
2. Due to large amount of sales tax stolen through non-issue of receipts, what measures would be taken to to recover the money lost by the public exchequer? Give me the names and designations of the officers against whom action would be taken? What action would be taken? By when will this action be taken?
3. Give me the details of measures taken to ensure there is no connivance between persons who sell without issuing receipt, and personnel of the Sales Tax Dept, so that they don’t get together to cheat the public exchequer.
4. Give me the total value of sales tax received for transactions of making photocopies from Dwarka Courts Complex in Sector 10 Dwarka, New Delhi for the latest year for which figures are available.
5. On November 2011 a friend of mine had got 480 pages xeroxed, for which the person charged Rs 480/-, but refused to issue receipt, which caused loss to him as these were official papers. Had he got the receipt, he could have claimed refund from his office. What procedure exists in this case to recover the receipt of Rs 480/-?
We have Filed this RTI Application. As soon as we get a reply, we will Post it here.
Speed Post Consignment Number: EM077556934IN
We have received reply for this RTI Application.Our team is looking into the future course of action to be taken.
Go for first appeal.. U/S 6(3) PIO has to transfer the Application to the concerned department PIO within 5 days of receipt of application.
Information from other wards was also received.
1. Ward 81:Same as ward 23.
2. Ward 79:Same as ward 80.
3. Ward 22:Same as ward 23.
4. Ward 17:Nil information given.
5. Ward 90:Nil information given.
6. Ward 103:Nil information given.
7. Vigilance Branch: No such information available.
8. Ward 92: Nil information given.
9. Ward Number 76 and 78:Nil
10. Special Zone:Nil
11. Ward 93:Nil
12. Ward 108:Nil
13. Ward 85:Nil
14. Ward 15:Nil
15. Ward 89:Nil
16. Ward 96:Nil
Ward Number 45,46,47:Nil
Ward 91:Nil
Ward 21: Nil
Ward 48: Nil information provided and inspection of record allowed on any working day.
Ward 50: Nil information provided and inspection of record allowed on any working day.
Ward 24:Nil
For ward numbers 16, 8 & 18 reply is “No such data is maintained in this ward.”
And for Question numbers 2 & 3 the reply says”The information is of clarificatory nature, hence not covered u/s 2(f) of RTI Act, 2005.”
Documents to be studied while drafting appeal:
1. http://www.livemint.com/2011/09/11192140/CAG-raps-Delhi-govt-for-Rs-30.html
2. http://news.outlookindia.com/items.aspx?artid=733710
3. [Uploaded]
https://docs.google.com/document/d/1s5ly6zL__QVvftTaQdcjQ1I3d7CjMWFkoBfdRsyykv4/edit
Thanks Sir
We will definitely use these docs, while filing the appeal
Anand
Draft
First appellate authority,
——-
New Delhi
Ref: RTI Application no. ___________ to which responses received from your dept are inadequate.
The kind of responses received from your department to our RTI query points to an attempt to obfuscate the issue and to frustrate the objectives of the RTI Act. There is specific reference in the RTI application to Dwarka Courts Complex in Sector 10 Dwarka, New Delhi. PIO of the ward handling this area should have been given that part of the application.
Comments of Comptroller and Auditor-General of India and the media have widely reported loss of sales tax in Delhi/ NCR. We are attaching two such reports. Kindly arrange appropriate responses to queries in the RTI.
Who is drafting and filing the appeal?
Ward 43: Nil.Reply states “No such record available.”
Ward 29:Nil.For Q.No. 1 reply is “No such has come into knowledge so far.”
Ward 59: Nil. Q.No.1 reply “No such data maintained in this ward.”
Ward 70: Nil
Ward 34&35:Nil
Ward 37:Nil
Ward 33: Nil
Ward 97:Nil
Ward 72: Nil. Q.No.1 reply “No such data maintained in this ward.”
Ward 13&14:Rejected under section 8(1)(j)
Ward 201-206:Nil. Reply is “Not pertaining to this ward”
Ward 95:Nil
CAG has cried itself hoarse of loss of sales tax. In Delhi alone, loss was Rs 3000 cr in a single year. But these officers are trying to obfuscate the issue.
Appeal to go within time.
We are being flooded by letters from each and every ward.As there are more than 200 wards we expect a large number of letters.All replies that we are receiving currently have no information revealed.Hence it is best that from now on we post only those replies which have some worthwhile information revealed.
Details of more replies may not be given, but the fact of which more replies received could be mentioned, for instance, ” Similar replies have also been received from Ward no: xx, yy, zz, etc.
When could appeal be filed?
This is what has happened to an agency like RTI-Anonymous! Can we imagine the plight of an individual citizen if he files an RTI? There is deliberate mischief by govt staff. In fact it is postal terrorism. Everyday all over the country sales transactions are being made without issue of receipt. Its an open secret. Everyone knows about it. But the gang of sales tax officers who are enjoying the ill-gotten gains don’t want anyone to question it.
Lets file a strong appeal, and damages too. Draft of appeal invited please.
Am curious of the meaning of the term “RTI Leaks”.
Ward Numbers 2 & 98: Nil
Ward 1:Nil
Ward 9 & 10: Nil
Appeal being sent. File uploaded here:
File: tradesalestaxappealrtianon.doc
Second Appeal is attached. From records, enclose copies of RTI application, PIO’s reply, and First Appeal, sign, and send to CIC. Printout of RTI application and First Appeal can also be taken from the attachment. To send, better to give to any local head post office against acknowledgement, for which they will charge Rs 10/ and issue UCR (unclassified receipt), then will despatch to CIC by registered post with intimation to you. This is more assured mode of delivery than speedpost about which there are numerous complaints. Undelivered speedposts are also not being properly followed up. Another way is to give it to someone going to Delhi who can deposit it at CIC counter. Else by registered post to CIC.
Confirm here when despatched.
File: emailanontradetaxjuly.doc