NO. 8/2/2010-lR
Govemrnent of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training ***
North Block, New Delhi-110001
Dated: the 27"'April, 2010
OFFICE MEMORANDUM
Subject: Disclosure of third party information under the RTI Act, 2005.
***
The undersigned is directed to say that the Goveminent,'in a number of
cases makes inter departmental consultations. In the process, a public authority
may send some confidential papers to another public authority. A question has
arisen whether the recipient public authority can disclose such confidential
papers under the RTI Act, 2005. If yes, what procedure is required to be
followed for doing so.
2. Section 11 of the Act provides the procedure of disclosure of 'third
party' information. According to it, if a Public Information Officer (PIO)
intends to disclose an information supplied by a third party which the third party
has treated as confidential, the PIO, before taking a decision to disclose the
information shall invite the third party to make submission in the matter. The
third party has a right to make an appeal to the Departmental Appellate
Authority against the decision of the PI0 and if not satisfied with the decision
of the Departmental Appellate Authority, a second appeal to the concerned
Information Commission. The PI0 cannot disclose such information unless the
procedure prescribed in section 11 is completed.
3. As defined in clause (n) of Section 2 of the Act, 'third party' includes a
public authority. Reading of the definition of the terin, 'third party' and Section
I 1 together makes it clear that if a public authority 'X' receives some
information from another public authority 'Y' which that public authority has
treated as confidential, then 'X' cannot disclose the infonnation without
consulting 'Y', the third party in respect of the information and without
following the procedure prescribed in Section 11 of the Act. It is a statutory
requirement, non-compliance of which may make the PI0 liable to action.
4. The Public Information Officers and the First Appellate Authorities
should keep these provisions of the Act in view while taking decision, about
disclosure of third party information in general and disclosure of the third party
information, when third party is a public authority, in particular.
5. Hindi version will follow.
(K.G. VERMA)
Director
Tei: 23052158
Copy to:
1. All the Ministries/Departments of the Government of India.
2. Union Public Service Commission/Lok Sabha SecretariatlRajya Sabha
SecretariatlCabinet Secretariat/ Central Vigilance Commission/
President's SecretariatlVice-Presidents's SecretariatlPrime Minister's
Office/PIanning Commission/Election Commission.
3. Central lnformation Commission/State lnformation Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi.
5. Office of the Comptroller & Auditor General of lndia, 10, Bahadur Shah
Zafar Marg, New Delhi.. ,
6. All Officers/Desks/Sections, Department of Personnel & Training and
Department of Pension & Pensions Welfare.
Copy to: Chief Secretaries of all the States/UTs,
Sunday, February 26, 2012
OFFICE MEMORANDUM Subject: Disclosure of third party information under the RTI Act, 2005.
NO. 8/2/2010-lR
Govemrnent of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training ***
North Block, New Delhi-110001
Dated: the 27"'April, 2010
OFFICE MEMORANDUM
Subject: Disclosure of third party information under the RTI Act, 2005.
***
The undersigned is directed to say that the Goveminent,'in a number of
cases makes inter departmental consultations. In the process, a public authority
may send some confidential papers to another public authority. A question has
arisen whether the recipient public authority can disclose such confidential
papers under the RTI Act, 2005. If yes, what procedure is required to be
followed for doing so.
2. Section 11 of the Act provides the procedure of disclosure of 'third
party' information. According to it, if a Public Information Officer (PIO)
intends to disclose an information supplied by a third party which the third party
has treated as confidential, the PIO, before taking a decision to disclose the
information shall invite the third party to make submission in the matter. The
third party has a right to make an appeal to the Departmental Appellate
Authority against the decision of the PI0 and if not satisfied with the decision
of the Departmental Appellate Authority, a second appeal to the concerned
Information Commission. The PI0 cannot disclose such information unless the
procedure prescribed in section 11 is completed.
3. As defined in clause (n) of Section 2 of the Act, 'third party' includes a
public authority. Reading of the definition of the terin, 'third party' and Section
I 1 together makes it clear that if a public authority 'X' receives some
information from another public authority 'Y' which that public authority has
treated as confidential, then 'X' cannot disclose the infonnation without
consulting 'Y', the third party in respect of the information and without
following the procedure prescribed in Section 11 of the Act. It is a statutory
requirement, non-compliance of which may make the PI0 liable to action.
4. The Public Information Officers and the First Appellate Authorities
should keep these provisions of the Act in view while taking decision, about
disclosure of third party information in general and disclosure of the third party
information, when third party is a public authority, in particular.
5. Hindi version will follow.
(K.G. VERMA)
Director
Tei: 23052158
Copy to:
1. All the Ministries/Departments of the Government of India.
2. Union Public Service Commission/Lok Sabha SecretariatlRajya Sabha
SecretariatlCabinet Secretariat/ Central Vigilance Commission/
President's SecretariatlVice-Presidents's SecretariatlPrime Minister's
Office/PIanning Commission/Election Commission.
3. Central lnformation Commission/State lnformation Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi.
5. Office of the Comptroller & Auditor General of lndia, 10, Bahadur Shah
Zafar Marg, New Delhi.. ,
6. All Officers/Desks/Sections, Department of Personnel & Training and
Department of Pension & Pensions Welfare.
Copy to: Chief Secretaries of all the States/UTs,
Govemrnent of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training ***
North Block, New Delhi-110001
Dated: the 27"'April, 2010
OFFICE MEMORANDUM
Subject: Disclosure of third party information under the RTI Act, 2005.
***
The undersigned is directed to say that the Goveminent,'in a number of
cases makes inter departmental consultations. In the process, a public authority
may send some confidential papers to another public authority. A question has
arisen whether the recipient public authority can disclose such confidential
papers under the RTI Act, 2005. If yes, what procedure is required to be
followed for doing so.
2. Section 11 of the Act provides the procedure of disclosure of 'third
party' information. According to it, if a Public Information Officer (PIO)
intends to disclose an information supplied by a third party which the third party
has treated as confidential, the PIO, before taking a decision to disclose the
information shall invite the third party to make submission in the matter. The
third party has a right to make an appeal to the Departmental Appellate
Authority against the decision of the PI0 and if not satisfied with the decision
of the Departmental Appellate Authority, a second appeal to the concerned
Information Commission. The PI0 cannot disclose such information unless the
procedure prescribed in section 11 is completed.
3. As defined in clause (n) of Section 2 of the Act, 'third party' includes a
public authority. Reading of the definition of the terin, 'third party' and Section
I 1 together makes it clear that if a public authority 'X' receives some
information from another public authority 'Y' which that public authority has
treated as confidential, then 'X' cannot disclose the infonnation without
consulting 'Y', the third party in respect of the information and without
following the procedure prescribed in Section 11 of the Act. It is a statutory
requirement, non-compliance of which may make the PI0 liable to action.
4. The Public Information Officers and the First Appellate Authorities
should keep these provisions of the Act in view while taking decision, about
disclosure of third party information in general and disclosure of the third party
information, when third party is a public authority, in particular.
5. Hindi version will follow.
(K.G. VERMA)
Director
Tei: 23052158
Copy to:
1. All the Ministries/Departments of the Government of India.
2. Union Public Service Commission/Lok Sabha SecretariatlRajya Sabha
SecretariatlCabinet Secretariat/ Central Vigilance Commission/
President's SecretariatlVice-Presidents's SecretariatlPrime Minister's
Office/PIanning Commission/Election Commission.
3. Central lnformation Commission/State lnformation Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi.
5. Office of the Comptroller & Auditor General of lndia, 10, Bahadur Shah
Zafar Marg, New Delhi.. ,
6. All Officers/Desks/Sections, Department of Personnel & Training and
Department of Pension & Pensions Welfare.
Copy to: Chief Secretaries of all the States/UTs,
Saturday, February 25, 2012
Section 138. DISCLOSURE OF INFORMATION RESPECTING ASSESSEES.
RTI ACT notified in official gazette
-------------------------------------------
Income Tax - Notification No. 48 2009 Dated Tuesday, June 16, 2009 -
Section 138(1)(a)(ii) of the Income-tax Act, 1961 - Disclosure of
information respecting assessees to specified officer, authority or
body performing functions under any other law - Notified authority
Income Tax - Notification No. 284 2006 Dated Monday, October 09, 2006
- Under section 138 Central Government hereby specifies DG, Employees
State Insurance Corporation
Section 138. DISCLOSURE OF INFORMATION RESPECTING ASSESSEES.
(1)(a) The Board or any other income-tax authority specified 1408 by
it by a general or special order in this behalf may furnish or cause
to be furnished to - (i) Any officer, authority or body performing any
functions under any law relating to the imposition of any tax, duty or
cess, or to dealings in foreign exchange 1409 as defined in section
2(d) of the Foreign Exchange Regulation Act, 1947 (7 of 1947) 1410 ;
or
(ii) Such officer, authority or body performing functions under any
other law as the Central Government may, if in its opinion it is
necessary so to do in the public interest, specify by notification in
the Official Gazette in this behalf, any such information received or
obtained by any income-tax authority in the performance of his
functions under this Act as may, in the opinion of the Board or other
income-tax authority, be necessary for the purpose of enabling the
officer, authority or body to perform his or its functions under that
law.
(b) Where a person makes an application to the Chief Commissioner or
Commissioner in the prescribed form 1413b for any information relating
to any assessee received or obtained by any income-tax authority in
the performance of his functions under this Act, the Chief
Commissioner or Commissioner may, if he is satisfied that it is in the
public interest so to do, furnish or cause to be furnished the
information asked for and his decision in this behalf shall be final
and shall not be called in question in any court of law.
(2) Notwithstanding anything contained in sub-section (1) or any other
law for the time being in force, the Central Government may, having
regard to the practices and usages customary or any other relevant
factors, by order notified in the Official Gazette, direct that no
information or document shall be furnished or produced by a public
servant in respect of such matters relating to such class of assessees
or except to such authorities as may be specified in the order.
-------------------------------------------
Income Tax - Notification No. 48 2009 Dated Tuesday, June 16, 2009 -
Section 138(1)(a)(ii) of the Income-tax Act, 1961 - Disclosure of
information respecting assessees to specified officer, authority or
body performing functions under any other law - Notified authority
Income Tax - Notification No. 284 2006 Dated Monday, October 09, 2006
- Under section 138 Central Government hereby specifies DG, Employees
State Insurance Corporation
Section 138. DISCLOSURE OF INFORMATION RESPECTING ASSESSEES.
(1)(a) The Board or any other income-tax authority specified 1408 by
it by a general or special order in this behalf may furnish or cause
to be furnished to - (i) Any officer, authority or body performing any
functions under any law relating to the imposition of any tax, duty or
cess, or to dealings in foreign exchange 1409 as defined in section
2(d) of the Foreign Exchange Regulation Act, 1947 (7 of 1947) 1410 ;
or
(ii) Such officer, authority or body performing functions under any
other law as the Central Government may, if in its opinion it is
necessary so to do in the public interest, specify by notification in
the Official Gazette in this behalf, any such information received or
obtained by any income-tax authority in the performance of his
functions under this Act as may, in the opinion of the Board or other
income-tax authority, be necessary for the purpose of enabling the
officer, authority or body to perform his or its functions under that
law.
(b) Where a person makes an application to the Chief Commissioner or
Commissioner in the prescribed form 1413b for any information relating
to any assessee received or obtained by any income-tax authority in
the performance of his functions under this Act, the Chief
Commissioner or Commissioner may, if he is satisfied that it is in the
public interest so to do, furnish or cause to be furnished the
information asked for and his decision in this behalf shall be final
and shall not be called in question in any court of law.
(2) Notwithstanding anything contained in sub-section (1) or any other
law for the time being in force, the Central Government may, having
regard to the practices and usages customary or any other relevant
factors, by order notified in the Official Gazette, direct that no
information or document shall be furnished or produced by a public
servant in respect of such matters relating to such class of assessees
or except to such authorities as may be specified in the order.
Wednesday, February 22, 2012
Sonia Gandhi cites privacy, refuses to disclose info on I-T returns
CHENNAI: Congress chief Sonia Gandhi has declined to disclose details of her income tax returns under the RTI Act, citing personal freedom and security risk. In her reply to the I-T department, she also said there was no public interest involved in disclosing such information.
Chennai-based RTI activist V Gopalakrishnan had sought details of her I-T returns from the year 2000-2001 to 2010-2011. The assistant commissioner of income tax, New Delhi, who is also the chief public information officer (CPIO), wrote to the UPA chairperson on January 23 as per Section 11 of the RTI Act, 2005, seeking her response to the application. In her reply, Sonia said disclosure of such private information to third parties in guise of transparency in public life would amount to unwarranted invasion of the individual's privacy. The information submitted to the I-T department by an individual was confidential and private in nature and cannot be disclosed as per Section 138 of the Income Tax Act, 1961, she said.
This is the second time that the CPIO has rejected the petition. The application was first rejected without even seeking objection from Sonia. After the appellate authority's intervention last month on Gopalakrishnan's plea, the CPIO sought a response from Sonia. "By not calling for an objection, the CPIO has ignored the possibility of the third party expressing willingness for disclosure of personal I-T information," the authority had said.
Shri Sonia Gandhi objected or refused to disclose her Income Tax returns filed for my RTI Applications
Chennai-based RTI activist V Gopalakrishnan had sought details of her I-T returns from the year 2000-2001 to 2010-2011. The assistant commissioner of income tax, New Delhi, who is also the chief public information officer (CPIO), wrote to the UPA chairperson on January 23 as per Section 11 of the RTI Act, 2005, seeking her response to the application. In her reply, Sonia said disclosure of such private information to third parties in guise of transparency in public life would amount to unwarranted invasion of the individual's privacy. The information submitted to the I-T department by an individual was confidential and private in nature and cannot be disclosed as per Section 138 of the Income Tax Act, 1961, she said.
This is the second time that the CPIO has rejected the petition. The application was first rejected without even seeking objection from Sonia. After the appellate authority's intervention last month on Gopalakrishnan's plea, the CPIO sought a response from Sonia. "By not calling for an objection, the CPIO has ignored the possibility of the third party expressing willingness for disclosure of personal I-T information," the authority had said.
Shri Sonia Gandhi objected or refused to disclose her Income Tax returns filed for my RTI Applications
Pay and Acoount office not deducted tax for income for formerly Chief minister Mr.Karunanidhi
Pay and Acoount office not deducted tax for income for formerly Chief minister Mr.Karunanidhi. PIO informed TDS was deducted. But TDS deducted only for certain period.
some formerly DMK minister shown less income than actually received income (rs.3,24,000)+ Extra HRA (2,24,000/-) in election affividit.
some formerly DMK minister shown less income than actually received income (rs.3,24,000)+ Extra HRA (2,24,000/-) in election affividit.
Tuesday, February 21, 2012
request made by oral or letter by Chief Justice of india and other Judges of Supreme court for furnishing items (including Electrical items) from 01-
RTI Application under sec 6(1) of RTI Act-2005
From 22/02/2012 V.GOPALAKRISHNAN,
13/7, Pammal Nalla Thambi Street,
M.G.R.NAGAR,
Chennai-78.
To
The Public Information Officer,
Under Right to Information ACT 2005,
DIRECTOR GENERAL (Works)
CPWD, Nirman Bhawan, New Delhi – 110011
Sir,
Sub: Under the RTI ACT 2005 sec 6(1), request to furnish information and attested
photo copy.- regarding.
--------
1 Kindly supply copy of information (information means referred in RTI act-2005, sec 2(f)) relating to request made by oral or letter by Chief Justice of india and other Judges of Supreme court for furnishing items (including Electrical items) from 01-01-2009 to till now.
2 Kindly supply copy of information relating to request made by oral or letter by Chief Justice of Delhi High court and other Judges of Delhi high court for furnishing items (including Electrical items) from 01-01-2009 to till now.
3 Kindly supply copy of information relating to furnishing items (including Electrical items) supplied/fixed in the free of rent in the official residence allotted to the Chief justice of India and other supreme court judges and Delhi High court judges from 01-01-2009 to till now.
4 Kindly supply copy of information relating to furnishing items (including Electrical items) supplied/fixed in the free of rent in the official residence allotted to the Chief justice of Delhi High court and other judges of Delhi high Court from 01-01-2009 to till now.
V.GOPALAKRISHNAN
If any information not available, kindly forward to concern office/department as per sec 6(3)of RTI Act. I enclosed postal order no. 99E 878258 Rs.10/- towards RTI fee.
From 22/02/2012 V.GOPALAKRISHNAN,
13/7, Pammal Nalla Thambi Street,
M.G.R.NAGAR,
Chennai-78.
To
The Public Information Officer,
Under Right to Information ACT 2005,
DIRECTOR GENERAL (Works)
CPWD, Nirman Bhawan, New Delhi – 110011
Sir,
Sub: Under the RTI ACT 2005 sec 6(1), request to furnish information and attested
photo copy.- regarding.
--------
1 Kindly supply copy of information (information means referred in RTI act-2005, sec 2(f)) relating to request made by oral or letter by Chief Justice of india and other Judges of Supreme court for furnishing items (including Electrical items) from 01-01-2009 to till now.
2 Kindly supply copy of information relating to request made by oral or letter by Chief Justice of Delhi High court and other Judges of Delhi high court for furnishing items (including Electrical items) from 01-01-2009 to till now.
3 Kindly supply copy of information relating to furnishing items (including Electrical items) supplied/fixed in the free of rent in the official residence allotted to the Chief justice of India and other supreme court judges and Delhi High court judges from 01-01-2009 to till now.
4 Kindly supply copy of information relating to furnishing items (including Electrical items) supplied/fixed in the free of rent in the official residence allotted to the Chief justice of Delhi High court and other judges of Delhi high Court from 01-01-2009 to till now.
V.GOPALAKRISHNAN
If any information not available, kindly forward to concern office/department as per sec 6(3)of RTI Act. I enclosed postal order no. 99E 878258 Rs.10/- towards RTI fee.
request made by oral or letter by Chief Justice of Madras High court and other Judges of Madras high court for free furnishing items (including Elec
RTI Application under sec 6(1) of RTI Act-2005
From 22/02/2012 V.GOPALAKRISHNAN,
13/7, Pammal Nalla Thambi Street,
M.G.R.NAGAR,
Chennai-78.
To
The Public Information Officer,
Under Right to Information ACT 2005,
Public work Deparment,
Secretariat,
Chennai-9.
Sir,
Sub: Under the RTI ACT 2005 sec 6(1), request to furnish information and attested
photo copy.- regarding.
--------
1 Kindly supply copy of information (information means referred in RTI act-2005, sec 2(f)) relating to request made by oral or letter by Chief Justice of Madras High court and other Judges of Madras high court for free furnishing items (including Electrical items) in the free of rent in the official residence allotted to Madras High Court judges from 01-01-2009 to till now.
2 Kindly supply copy of information relating to free furnishing items (including Electrical items) supplied/fixed in the free of rent in the official residence allotted to the Chief justice of Delhi High court and other judges of Delhi high Court from 01-01-2009 to till now.
3 Kindly arrange for inspection for perusal records, documents, M-book, quotations, bills regarding expenditure made for official residence for Madras High court Judges and Ministers.
V.GOPALAKRISHNAN
If any information not available, kindly forward to concern office/department as per sec 6(3)of RTI Act.
From 22/02/2012 V.GOPALAKRISHNAN,
13/7, Pammal Nalla Thambi Street,
M.G.R.NAGAR,
Chennai-78.
To
The Public Information Officer,
Under Right to Information ACT 2005,
Public work Deparment,
Secretariat,
Chennai-9.
Sir,
Sub: Under the RTI ACT 2005 sec 6(1), request to furnish information and attested
photo copy.- regarding.
--------
1 Kindly supply copy of information (information means referred in RTI act-2005, sec 2(f)) relating to request made by oral or letter by Chief Justice of Madras High court and other Judges of Madras high court for free furnishing items (including Electrical items) in the free of rent in the official residence allotted to Madras High Court judges from 01-01-2009 to till now.
2 Kindly supply copy of information relating to free furnishing items (including Electrical items) supplied/fixed in the free of rent in the official residence allotted to the Chief justice of Delhi High court and other judges of Delhi high Court from 01-01-2009 to till now.
3 Kindly arrange for inspection for perusal records, documents, M-book, quotations, bills regarding expenditure made for official residence for Madras High court Judges and Ministers.
V.GOPALAKRISHNAN
If any information not available, kindly forward to concern office/department as per sec 6(3)of RTI Act.
Saturday, February 18, 2012
Chennai income tax PIO informed there was no definition for personal information available in income tax dept act.
Chennai income tax PIO informed there was no definition for personal information available in income tax dept act.
PARD informing file regarding selection of Information commissioner are confidential.
Tamilnadu, personel and Administrative reform Department informing file regarding selection of Information commissioner are confidential. PARD trying to hide file in nae of confidential.
regarding CBI notification paced before parliament house
regarding CBI notification paced before parliament house.
prime minister was incharge for CBI has approved to keep CBI out of RTI act-2005.
Friday, February 17, 2012
whereby bureaucrats would be required to file details of their movable assets (bank account, shares, investment etc.) along with immovable assets.
Landmark Decision:- whereby bureaucrats would be required to file details of their movable assets (bank account, shares, investment etc.) along with immovable assets.
Government of India has taken a landmark decision whereby bureaucrats would be required to file details of their movable assets (bank account, shares, investment etc.) along with immovable assets. As per a news item that appeared in the Indian Express, Delhi edition, on 9th January, 2012, this decision is to be applicable from the current year.
This decision marks the culmination of the campaign launched by IRI wherein several letters had been addressed to the Hon’ble Prime Minister and the Cabinet Secretary since 2007 and in November 2009 some serving members of IRI belonging to the All India Services had taken the historic step to furnish details of their movable and immovable assets on the proforma suggested by IRI to the Cabinet Secretary and also post it on the web site in the public domain. Since then, under orders of the Chief Information Commissioner, now Government has come around to placing details of immovable property returns of All India Service Officers on the web site.
Background
Filing of Property Returns & its scrutiny
IRI noted in its deliberations during 2006-07 that there was an existing system of filing of property returns for public servants including MPs and MLAs. All MPs and MLAs were required to file their property returns every year to the Speaker but hardly ten percent of legislators complied with the aforesaid provision. There was no provision for penal action against defaulters.
The Election Commission of India directive to make all candidates file their property returns at the time of filing nominations and its posting on web site is not followed by any further investigation by any arm of Government. There is no penalty for filing incorrect or incomplete information in the affidavit. Likewise, All India Service Officers are required to file Annual Property returns but this pertains only to immovable property. Investments in shares/bonds/debentures, fixed deposits were not covered in the Annual Property Returns. There was also no system of public disclosure of property returns or to check if public servants were flouting AIS Conduct Rules. Income Tax department is concerned only with tax evasion and not whether public servant is holding property disproportionate to his known sources of income.
Against this backdrop, IRI had written to the Cabinet Secretary and the Chairman of the Second Administrative Reforms Commission that the system of filing property returns by officers of All India Services and their scrutiny should be suitably amended to include, inter alia, the following:
· Annual filing of returns of all assets (both movable and immovable)
· Form for filing property return could be similar to the one prescribed by the Election Commission for candidates with certain changes (draft form attached)
· Compulsory scrutiny of property returns by the Vigilance Officer in each Ministry / Department
· In case substantial changes are noticed by the Vigilance Officer, a copy of the property return could be forwarded to the Income Tax Department for further scrutiny and in cases where the Vigilance Officer notices ‘extra-ordinary’ changes, the same will be forwarded to the Income Tax, Chief Vigilance Commissioner and the like for further detailed scrutiny and action.
· All Vigilance Officers to send report to CVC including conclusion of further enquiry by Income Tax and other agencies.
· Annual property returns of all AIS officers should be put in the public domain – posted on the web site.
In this context, the present decision of the Central Government is a positive step in the right direction. Just as Association for Democratic Rights (ADR) is now analyzing the affidavits filed by the contesting candidates and the property returns of the Ministers and the Prime Minister and publishing the results of the same, it is expected that similar scrutiny would be undertaken by civil society groups in case of bureaucrats. It is expected that scrutiny and analysis of Property Returns of bureaucrats will slowly but surely usher in greater transparency and accountability and officers would have to account for all their assets. This is likely to be an important systemic change in the country’s fight against corruption, especially corruption at high places.
Indian Express: Monday, 09th January, 2012
Officers have to file moveable assets too
Shyamlal Yadav Posted: Mon Jan 09 2012, 03:23 hrs New Delhi:
Government of India has taken a landmark decision whereby bureaucrats would be required to file details of their movable assets (bank account, shares, investment etc.) along with immovable assets. As per a news item that appeared in the Indian Express, Delhi edition, on 9th January, 2012, this decision is to be applicable from the current year.
This decision marks the culmination of the campaign launched by IRI wherein several letters had been addressed to the Hon’ble Prime Minister and the Cabinet Secretary since 2007 and in November 2009 some serving members of IRI belonging to the All India Services had taken the historic step to furnish details of their movable and immovable assets on the proforma suggested by IRI to the Cabinet Secretary and also post it on the web site in the public domain. Since then, under orders of the Chief Information Commissioner, now Government has come around to placing details of immovable property returns of All India Service Officers on the web site.
Background
Filing of Property Returns & its scrutiny
IRI noted in its deliberations during 2006-07 that there was an existing system of filing of property returns for public servants including MPs and MLAs. All MPs and MLAs were required to file their property returns every year to the Speaker but hardly ten percent of legislators complied with the aforesaid provision. There was no provision for penal action against defaulters.
The Election Commission of India directive to make all candidates file their property returns at the time of filing nominations and its posting on web site is not followed by any further investigation by any arm of Government. There is no penalty for filing incorrect or incomplete information in the affidavit. Likewise, All India Service Officers are required to file Annual Property returns but this pertains only to immovable property. Investments in shares/bonds/debentures, fixed deposits were not covered in the Annual Property Returns. There was also no system of public disclosure of property returns or to check if public servants were flouting AIS Conduct Rules. Income Tax department is concerned only with tax evasion and not whether public servant is holding property disproportionate to his known sources of income.
Against this backdrop, IRI had written to the Cabinet Secretary and the Chairman of the Second Administrative Reforms Commission that the system of filing property returns by officers of All India Services and their scrutiny should be suitably amended to include, inter alia, the following:
· Annual filing of returns of all assets (both movable and immovable)
· Form for filing property return could be similar to the one prescribed by the Election Commission for candidates with certain changes (draft form attached)
· Compulsory scrutiny of property returns by the Vigilance Officer in each Ministry / Department
· In case substantial changes are noticed by the Vigilance Officer, a copy of the property return could be forwarded to the Income Tax Department for further scrutiny and in cases where the Vigilance Officer notices ‘extra-ordinary’ changes, the same will be forwarded to the Income Tax, Chief Vigilance Commissioner and the like for further detailed scrutiny and action.
· All Vigilance Officers to send report to CVC including conclusion of further enquiry by Income Tax and other agencies.
· Annual property returns of all AIS officers should be put in the public domain – posted on the web site.
In this context, the present decision of the Central Government is a positive step in the right direction. Just as Association for Democratic Rights (ADR) is now analyzing the affidavits filed by the contesting candidates and the property returns of the Ministers and the Prime Minister and publishing the results of the same, it is expected that similar scrutiny would be undertaken by civil society groups in case of bureaucrats. It is expected that scrutiny and analysis of Property Returns of bureaucrats will slowly but surely usher in greater transparency and accountability and officers would have to account for all their assets. This is likely to be an important systemic change in the country’s fight against corruption, especially corruption at high places.
Indian Express: Monday, 09th January, 2012
Officers have to file moveable assets too
Shyamlal Yadav Posted: Mon Jan 09 2012, 03:23 hrs New Delhi:
Wednesday, February 15, 2012
Income tax public information officer ready to furnish copy income tax returns of CONGRESS
Income tax public information officer ready to furnish copy income tax returns of Congress
Income tax public information officer refusing to furnish copy income tax returns of AIADMK and Shri Jayalatha
Income tax public information officer refusing to furnish copy income tax returns of AIADMK and Shri Jayalatha.
Evasion of Income Tax by Members of Legislative Assembly-filing of complaint-
From 04/08/2011
V.Gopalakrishnan
13/7, Pammal nalla Thambi Street,
M.G.R.nagar,
CHENNAI-78
To
To
The Director,
Directorate of Income tax(investigation)
108, Nungambakkam high road,
Chennai-34.
Sir,
Sub: Evasion of Income Tax by Members of Legislative Assembly-filing of complaint-
Action to recover the tax- requested- reg.
-----
It was revealed through filing of RTI application that the Assembly Secretary/Tamilnadu
Is not in the habit of making deduction of income tax at source. It is a violation of the relevant provisions
Of IT Act habitually followed.
The entire pay and monthly allowances of MLAs of Tamilnadu attracts deduction of tax at source as per Sub-sec.17(iii) of sec. 10, as all the allowances individually is more than Rs. 2000/-. Accordingly, each MLA has to pay income tax for his entire income of Rs 6,00,000/- per annum.
In addition, all the MLAs are provided with fully furnished house(Quarters) at Govt. Estate.
The actual rental value minus the rent recovered from them should be added to their income for the purpose of calculating the tax as per sec.3 of IT Rules.
Enclosed herewith two appendix A & B containing the details of the total salaries received by the MLAs except the value of perquisites. The total valuation of the perquisites has to be added to this.
The evasion of tax carries with it the following lapses ;
1. No advance tax was paid.
2. No TDS made.
3. Tax not paid by the assessee for the entire income.
In the circumstances, it is requested to take action to recover the total tax due from the MLAs from the year 2006, along with due penalties from the individuals and from the Assembly Secretary for his total failure to effect TDS.
It is further requested to award the reward due to me for the exposure leading to the collection of the above evasion in due course.
V.Gopalakrishnan
enclosure 2 sheets
From 04/08/2011
V.Gopalakrishnan
13/7, Pammal nalla Thambi Street,
M.G.R.nagar,
CHENNAI-78
To
The Director General,
Directorate general l of Income tax (investigation)
108, Nungambakkam high road,
Chennai-34.
Sir,
Sub: Evasion of Income Tax by Members of Legislative Assembly-filing of complaint-
Action to recover the tax- requested- reg.
-----
It was revealed through filing of RTI application that the Assembly Secretary/Tamilnadu
Is not in the habit of making deduction of income tax at source. It is a violation of the relevant provisions
Of IT Act habitually followed.
The entire pay and monthly allowances of MLAs of Tamilnadu attracts deduction of tax at source as per Sub-sec.17(iii) of sec. 10, as all the allowances individually is more than Rs. 2000/-. Accordingly, each MLA has to pay income tax for his entire income of Rs 6,00,000/- per annum.
In addition, all the MLAs are provided with fully furnished house(Quarters) at Govt. Estate.
The actual rental value minus the rent recovered from them should be added to their income for the purpose of calculating the tax as per sec.3 of IT Rules.
Enclosed herewith two appendix A & B containing the details of the total salaries received by the MLAs except the value of perquisites. The total valuation of the perquisites has to be added to this.
The evasion of tax carries with it the following lapses ;
1. No advance tax was paid.
2. No TDS made.
3. Tax not paid by the assessee for the entire income.
In the circumstances, it is requested to take action to recover the total tax due from the MLAs from the year 2006, along with due penalties from the individuals and from the Assembly Secretary for his total failure to effect TDS.
It is further requested to award the reward due to me for the exposure leading to the collection of the above evasion in due course.
V.Gopalakrishnan
enclosure 2 sheets
From 04/08/2011
V.Gopalakrishnan
13/7, Pammal nalla Thambi Street,
M.G.R.nagar,
CHENNAI-78
To
The Superintendent of police,
CBI – anticorruption dept,
Haddows road,
chennai.
Sir,
Sub: Evasion of Income Tax by Members of Legislative Assembly-filing of complaint-
Action to recover the tax-penal action against the concerned officials- requested- reg.
-----
It was revealed through filing of RTI application that the Assembly Secretary/Tamilnadu
Is not in the habit of making deduction of income tax at source. It is a violation of the relevant provisions
Of IT Act habitually followed.
The entire pay and monthly allowances of MLAs of Tamilnadu attracts deduction of tax at source as per Sub-sec.17(iii) of sec. 10, as all the allowances individually is more than Rs. 2000/-. Accordingly, each MLA has to pay income tax for his entire income of Rs 6,00,000/- per annum.
In addition, all the MLAs are provided with fully furnished house(Quarters) at Govt. Estate.
The actual rental value minus the rent recovered from them should be added to their income for the purpose of calculating the tax as per sec.3 of IT Rules.
Enclosed herewith two appendix A & B containing the details of the total salaries received by the MLAs except the value of perquisites. The total valuation of the perquisites has to be added to this.
The evasion of tax carries with it the following lapses ;
1. No advance tax was paid.
2. No TDS made.
3. Tax not paid by the assessee for the entire income.
In the circumstances, it is requested to take action to recover the total tax due from the MLAs from the year 2006, along with due penalties from the individuals and from the Assembly Secretary for his total failure to effect TDS.
As the above lapse of evasion of tax has been followed habitually for long period, it requires detailed investigation to find the reason behind this enmass evasion. Hence it is requested to conduct investigation in all the states of India to curb illegal practices and restore the revenue of public.
Further penal action may be initiated against all the officials who are responsible for this enmass and habitual negligence.
V.Gopalakrishnan
enclosure 2 sheets
V.Gopalakrishnan
13/7, Pammal nalla Thambi Street,
M.G.R.nagar,
CHENNAI-78
To
To
The Director,
Directorate of Income tax(investigation)
108, Nungambakkam high road,
Chennai-34.
Sir,
Sub: Evasion of Income Tax by Members of Legislative Assembly-filing of complaint-
Action to recover the tax- requested- reg.
-----
It was revealed through filing of RTI application that the Assembly Secretary/Tamilnadu
Is not in the habit of making deduction of income tax at source. It is a violation of the relevant provisions
Of IT Act habitually followed.
The entire pay and monthly allowances of MLAs of Tamilnadu attracts deduction of tax at source as per Sub-sec.17(iii) of sec. 10, as all the allowances individually is more than Rs. 2000/-. Accordingly, each MLA has to pay income tax for his entire income of Rs 6,00,000/- per annum.
In addition, all the MLAs are provided with fully furnished house(Quarters) at Govt. Estate.
The actual rental value minus the rent recovered from them should be added to their income for the purpose of calculating the tax as per sec.3 of IT Rules.
Enclosed herewith two appendix A & B containing the details of the total salaries received by the MLAs except the value of perquisites. The total valuation of the perquisites has to be added to this.
The evasion of tax carries with it the following lapses ;
1. No advance tax was paid.
2. No TDS made.
3. Tax not paid by the assessee for the entire income.
In the circumstances, it is requested to take action to recover the total tax due from the MLAs from the year 2006, along with due penalties from the individuals and from the Assembly Secretary for his total failure to effect TDS.
It is further requested to award the reward due to me for the exposure leading to the collection of the above evasion in due course.
V.Gopalakrishnan
enclosure 2 sheets
From 04/08/2011
V.Gopalakrishnan
13/7, Pammal nalla Thambi Street,
M.G.R.nagar,
CHENNAI-78
To
The Director General,
Directorate general l of Income tax (investigation)
108, Nungambakkam high road,
Chennai-34.
Sir,
Sub: Evasion of Income Tax by Members of Legislative Assembly-filing of complaint-
Action to recover the tax- requested- reg.
-----
It was revealed through filing of RTI application that the Assembly Secretary/Tamilnadu
Is not in the habit of making deduction of income tax at source. It is a violation of the relevant provisions
Of IT Act habitually followed.
The entire pay and monthly allowances of MLAs of Tamilnadu attracts deduction of tax at source as per Sub-sec.17(iii) of sec. 10, as all the allowances individually is more than Rs. 2000/-. Accordingly, each MLA has to pay income tax for his entire income of Rs 6,00,000/- per annum.
In addition, all the MLAs are provided with fully furnished house(Quarters) at Govt. Estate.
The actual rental value minus the rent recovered from them should be added to their income for the purpose of calculating the tax as per sec.3 of IT Rules.
Enclosed herewith two appendix A & B containing the details of the total salaries received by the MLAs except the value of perquisites. The total valuation of the perquisites has to be added to this.
The evasion of tax carries with it the following lapses ;
1. No advance tax was paid.
2. No TDS made.
3. Tax not paid by the assessee for the entire income.
In the circumstances, it is requested to take action to recover the total tax due from the MLAs from the year 2006, along with due penalties from the individuals and from the Assembly Secretary for his total failure to effect TDS.
It is further requested to award the reward due to me for the exposure leading to the collection of the above evasion in due course.
V.Gopalakrishnan
enclosure 2 sheets
From 04/08/2011
V.Gopalakrishnan
13/7, Pammal nalla Thambi Street,
M.G.R.nagar,
CHENNAI-78
To
The Superintendent of police,
CBI – anticorruption dept,
Haddows road,
chennai.
Sir,
Sub: Evasion of Income Tax by Members of Legislative Assembly-filing of complaint-
Action to recover the tax-penal action against the concerned officials- requested- reg.
-----
It was revealed through filing of RTI application that the Assembly Secretary/Tamilnadu
Is not in the habit of making deduction of income tax at source. It is a violation of the relevant provisions
Of IT Act habitually followed.
The entire pay and monthly allowances of MLAs of Tamilnadu attracts deduction of tax at source as per Sub-sec.17(iii) of sec. 10, as all the allowances individually is more than Rs. 2000/-. Accordingly, each MLA has to pay income tax for his entire income of Rs 6,00,000/- per annum.
In addition, all the MLAs are provided with fully furnished house(Quarters) at Govt. Estate.
The actual rental value minus the rent recovered from them should be added to their income for the purpose of calculating the tax as per sec.3 of IT Rules.
Enclosed herewith two appendix A & B containing the details of the total salaries received by the MLAs except the value of perquisites. The total valuation of the perquisites has to be added to this.
The evasion of tax carries with it the following lapses ;
1. No advance tax was paid.
2. No TDS made.
3. Tax not paid by the assessee for the entire income.
In the circumstances, it is requested to take action to recover the total tax due from the MLAs from the year 2006, along with due penalties from the individuals and from the Assembly Secretary for his total failure to effect TDS.
As the above lapse of evasion of tax has been followed habitually for long period, it requires detailed investigation to find the reason behind this enmass evasion. Hence it is requested to conduct investigation in all the states of India to curb illegal practices and restore the revenue of public.
Further penal action may be initiated against all the officials who are responsible for this enmass and habitual negligence.
V.Gopalakrishnan
enclosure 2 sheets
Friday, February 10, 2012
complaint regarding Theft of cable and carbide company to TNEB, DVAC
complaint regarding Theft of cable and carbide company to TNEB, DVAC
Thursday, February 9, 2012
Dr. Manmohan singh , PM salary details from 22/5/2004 to 31/12/2011
manmohan salary details from 22/5/2004 to 31/12/2011
from 22/5/2004 to feb 2005 Rs. 3,34,065.00
from 1 march 2005 to feb 2006 Rs. 4,82,500.00
from 1 march 2006 to feb 2007 Rs. 6,15,217.00
from 1 march 2007 to feb 2008 Rs. 8,34,000.00
from 1 march 2008 to feb 2009 Rs. 8,33,000.00
from 1 march 2009 to feb 2010 Rs. 8,13,800.00
from 1 march 2010 to feb 2011 Rs.17,37,555.00
from 1 march 2011 to dec 2011 Rs.15,92,000.00
See salary increase double times from 2009
from 22/5/2004 to feb 2005 Rs. 3,34,065.00
from 1 march 2005 to feb 2006 Rs. 4,82,500.00
from 1 march 2006 to feb 2007 Rs. 6,15,217.00
from 1 march 2007 to feb 2008 Rs. 8,34,000.00
from 1 march 2008 to feb 2009 Rs. 8,33,000.00
from 1 march 2009 to feb 2010 Rs. 8,13,800.00
from 1 march 2010 to feb 2011 Rs.17,37,555.00
from 1 march 2011 to dec 2011 Rs.15,92,000.00
See salary increase double times from 2009
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