cpc

urgent - please reply


Hi Ld. members


I am experiencing issues in starting my investigation on Tax Evasion Petition which is lying with Income Tax Dept for 8 months  after CIC order passed in my favour  and now CIC is not responding on the Contempt proceedings petition which I filed against income Tax to CIC.  The CIC staff is not very receptive in entertaining my Contempt proceedings petition and they are insisting me to get the directions from court to take the info from Income Tax on one pretext or other.   

I have a few questions about the remedy available to take action;

1. Can I write  a complaint to Directorate of Enforcement about the delay from Income Tax dept as I wrote many times to Income Tax Dept. They are ignoring and CIC is not acting on my contempt petition. Will writing to Directorate of Enforcement  help to get the info from Income Tax Dept?

2.  If there is a infirmity in the CIC order  as they have not stated "TIME FRAME" but written "AS EXPEDITIOUSLY AS POSSIBLE" compared to similar cases passed by CIC. Can we challenge the order and go above Information Commissioner? Does Chief Commissioner of CIC help in this matter.

3. If the information commissioner is not acting on the contempt proceedings. Is there any remedy available taking into consideration the sense of urgency as it is a question of life and liberty.

 

4. Is there any way of follow up on contempt petition via CIC Public Information Officer that can help me to take action on my contempt petition. Please advise 

 

Please  write me a viable and effective solution which can give me desired results.

Regards

 
Reply   
 
ADVOCATE

Query-1: 

1. Can I write  a complaint to Directorate of Enforcement about the delay from Income Tax dept as I wrote many times to Income Tax Dept. They are ignoring and CIC is not acting on my contempt petition. Will writing to Directorate of Enforcement  help to get the info from Income Tax Dept?

The Director of Enforcement has no control over the Income Tax Dept. Therefore complaining to the Director of Enforcement is of no use.

Query-2: 

2.  If there is a infirmity in the CIC order  as they have not stated "TIME FRAME" but written "AS EXPEDITIOUSLY AS POSSIBLE" compared to similar cases passed by CIC. Can we challenge the order and go above Information Commissioner? Does Chief Commissioner of CIC help in this matter.

As expeditiously as possible means 'without undue delay', within a reasonable time etc and does not allow the I.T Dept to prolong compliance without any reasonable cause.Therefore there is no need to challenge the order of the CIC. If there has been undue or unreasonable delay on the part of the I.T Dept, you may approach the CIC for contempt action.

Query-3: If the information commissioner is not acting on the contempt proceedings. Is there any remedy available taking into consideration the sense of urgency as it is a question of life and liberty.

Yes ; you may approach the HC with a Writ Petition.

Query-4: Is there any way of follow up on contempt petition via CIC Public Information Officer that can help me to take action on my contempt petition. Please advise 

The CIC PRO may be explain the delay in taking up your Contempt petition.

Query-5:Please  write me a viable and effective solution which can give me desired results.

You may take up the matter with-

a) the Chairman, CBDT, New Delhi, or

b) the Finance Minister, through any M.P.

 
Reply   
 



hello seniors

pls let me know that can we deduct the tds on Rent+Service Tax both or not on Service Tax

please Clarify

Rajesh sharma

 
Reply   
 
Director

TDS to be deducted only on rent portion. specific exemption granted in this regard videCBDT circular no 4 of 2008.

 
Reply   
 

I had these issues with my tax evasion petition, as well. To solve this issue, I had to buy research papers, and that cost me a lot of money. I hope that you won't have to do the same thing here, because that wouldn't be good.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x