Prime Minister Narendra Modi a.k.a NAMO has come to the rescue of beleaguered taxpayers. According to a terse note dated 26th March 2015 addressed by Hon’ble Ms. Anita Kapur, Chairperson of the CBDT, to the Income-tax department, she and the Revenue Secretary had a conference with NAMO regarding the status of public grievances against the department. At the meeting, NAMO “expressed dissatisfaction about delays in responding to public grievances” by the officers and “the harassment meted out to the taxpayers and officious behaviour” of the officers. NAMO also made it clear that he will be “personally monitoring” the status of monthly grievances on a monthly basis.
The Hon’ble CBDT Chairperson has directed all officers to give “utmost priority” to public grievances and to respond and attend to such grievances on “top priority”. She has also set out a timeline for disposal of the public grievances. At the end, she has issued a clear warning to the non-compliant officers that “any breach of the timeline will be viewed seriously and accountability will be required to be fixed for such failure”.
I have also written to PM expressing my own troubles with the Income Tax department and copies to FM, Chairman CBDT, Director Vigilance, Chennai, Chief Commissioner, Chennai, Commissioner Central Circle 1(3) on 19th march, requesting them to properly investigate the matter and make the real beneficiary of the transaction pay the taxes. Unfortunately, while harassing small taxpayers, the department is siding with the large tax evaders, who knowing that the revenue can not collect any revenue from us small taxpayers and thus they will also escape. This is how the department is losing money.
I have from the very beginning telling the real nature of the transaction-accommodation, but somehow or other the department is reluctant to investigate the matter and initiate any action. Now the matter is with vigilance as the group concerned was raided sometimes back and incriminating evidence was gathered. however, even the intelligence is also not initiating any proper enquiry.
The PM is right in expressing his dissatisfaction, the harassment meted out to the taxpayers and officious behaviour is a welcome feature. But I have my own doubts about the response from the department. Why because I was fighting with the officers in the department against an illegal charge sheets issued to the officers where the heads of offices were to be issued charge sheets. The charge sheets issued were illegal since the same were issued against the orders of the Supreme Court.
RTI application revealed that they even did not review the progress made in the inquiry proceedings.
The Inquiry officer had given as many as 45 adjournments to the Presenting officer and ultimately no listed or additional documents were furnished.
Finally the IO had given his report in September 2014 but the respective officers are not looking into the matters.
I had filed every month reminders to the PMO, Director of Grievances, CVC, chairperson CBDT and the CVO none of them had not sent even single communication of having received the reminders. Finally I left the matters to get settled by themselves itself.
However good intentions our PM has but the Bureaucracy at New Delhi is not prepared to comply with the PM’s wishes.
It is almost a year since the PM has issued directions to the CBDT.There after directions from top still remains to be acted upon . Chairman after chairman come and issue directions . It appears to me that they are only good at giving directions but do not know how to deliver results.They do not know what is happening at the grass roots
Mr Radhakrishnan was the Chief Commissioner of IT in Hyderabad . The laid back attitude of the officers was there to be seen by all.But within a short period of time the whole scenario changed.He knew how to get things moving . There are hardly any of his kind now.
Does it take a year to set things right. The CBDT is a thick skinned buffalo . Nothing seems to wake up this sleeping organisation which has the important task of collection of revenue .
A gigantic tsunami in the shape of a shake up is the need of the hour and I am sure that this is going to happen in the near future . Then will the achhe din dawn
The website of the I.T.Department (CPC) displays arrears in several cases of assessees pertaining to as old as AY 2006-07, and direct the assessees to submit proof of payment of taxes to square up the records. When the assessees submit the documentary proof of TDSor taxes paid, then they will direct the assessees to contact the jurisdictional authorities. There do not seem to be any coordination between COC and jurisdictional I.T.Authorities. In the bargain, the assessees are put to hardship. If CPC cannot handle any matter, then they should not be provided with any authority to reflect any arrears in their website. Where us the the need for one more intermediary authority who either has no powers or do not act ?.
To share a few thoughts:
As read and understood, the PM has expressed his dissatisfaction, apart from against the delays in responding to public grievances, against “THE HARASSMENT METED OUT TO THE TAXPAYERS AND OFFICIOUS BEHAVIOUR..” as well. (FONT supplied)
However, the CBDT ‘s in-house message to its officials has regrettably confined itself to ‘the delay’ part of the PM’s address ; but does not cover , even remotely, the other part of the most and major concern to taxpayers. May be, for personal monitoring by the PM, the data periodically collected in regard to non- compliance with timelines should help. Additionally, however, the CBDT will do well to collect and have an updated record of all other material information, likely to lead to an investigation by the government as relate to ‘harassment’ of tax payers. A few such instances one could readily think of are these:
An assessment or any other order passed, or second appeal filed by the Revenue, –
Is not but simply for the heck of it and/or as a routine; especially, if any issue on which the position in law has already been settled and is squarely covered by a ‘precedent’ ( a binding court ruling ) ;
the prescribed time limit for action has expired, and delay is long , and cannot prima facie, if objectively viewed, be successfully explained / convincingly defended to be not without reasonable or substantial cause.
That should enable the CBDT itself to keep diligently monitoring , through an updated record of self appraisal; so as to be able to explain and satisfy, in the event of being probed into by the government on the indicated grounds of harassment of taxpayer or the concerned officer being guilty of ‘officious’ behaviour.
Continuous feedback from taxpayers and their advising professionals on all such outstanding objectionable instances, on a timely basis, should be of assistance to the CBDT in meeting the above mentioned expectation of it; to the end of improving upon the tax regime in general, and tax administration in particular.
After PM expressed his dissatisfaction in March 2015 only in February 2016 the Chairman, CBDT had issued a circular to his subordinates on the large pendency of grievance petitions pending with it. Here too he had given statistics of pending for more than 1 year as 80+ but he did not give the statistics of oldest pending grievance pending with the CBDT itself. To my knowledge there are 5 petitions pending with CBDT right from 2015 and the CBDT having obtained all information from field did not settle the grievance petitions.
That is the speed of functioning of the CBDT. They sleep even in complying with the directions of PM. God alone can save the country.
IT IS MERELY A THEORY AND ON PAPER PROCESS. THE LAYMAN IS EXPECTING THE CONCRETE SOLUTION IN REAL LIFE ALSO. HON. MR. MODI SHOULD GET INFORMATION OF HARASSMENT BEING FACED BY A TAXPAYER AND SHOULD ACT ON THAT.
NOTHING WILL IMPROVE HAS ANYBODY SEEN SWACH BHARAT ONLY 2% CESS FROM 01.014.2015 MORE RAIL FARE
TO INCREASE MILK PRICE WILL GO UP AFTER EVERY THREE MONTHS WONDERFUL CASE OF CORRUPTION WILL
APPEAR IN NEWS PAPER AFTER COMPLETION OF 2 YEAR OF BJP GOVT PEOPLE OF INDIA ARE FOOL ONLY BJP
LEADER WILL BE RICHER SALARY OF GOVT SERVANT WILL INCREASE WITH MORE LEAVE AND MORE PENSION The
ENTIRE BUDGET WILL BE USED JUST TO PAY SALARIES TO GOVT STAFF WITH NO SOCIAL SECURITY TO FARMERS AND
COMMON MAN HAS ANY PRIME MINISTER NOTICE THAT CHILDREN OLD MAN AND WOMEN MENTALLY ILL PEOPLE ARE
LIVING ON ROADS JUST E MANGE THAT IF YOU DO NOT HAVE HOME WE GET DISTURB EVEN WHEN FOR SOME TIME
ELECTRICITY FAIL OR WATER SUPPLY BREAK THINK OF POOR WHO ARE ON THE ROADS NOT FOR DAY BUT TILL DEATH
In gujarat, all the trust assesses have been transferred centrally to Ahemdabad and all the NRI pan to Gandhidham and without any intimation to the assessee. Now a person who is 300 kms away from Ahemdabad has to travel to Ahemdabad and Gandhidham for attending the queries. How is this justified and moreover without any intimation .
I am having a case where TDS refund is processed 10 times since 1997 which is clearly refundable and till date refund is not granted even when I have approached DIT/DGIT/AMBUDSMAN nad other authorities not lessthan 100 times.they never rejected.
Grievance redressing is not the solution. Feudalistic mindset of the bureaucracy need a dimensional change. Just ask the department how much amount of refund is due to be paid to the tax payers. In the guise of prolonged assessment process unduly delay in finalizing tax orders, the department holds refunds unethically, if not illegally. Similarly, one may find numerous instances of avoidable harassment!
The harassment of citizens in this country is institutionalized. Why only taxation departments? Every walk of life the hapless and helpless citizen in harassed. Unfortunately, these civil servants are well rewarded for not doing their job and taking money for doing theirs. The situation has worsened in six decades of democracy. Even the judicial system who has to help the citizen when they come at their door, do not help and render justice. Our judiciary is no less in harassing its litigants. It is unfortunate that Modiji’s administration did not reach the common man even in routine matters though it is about year now. AACHEDIB KAB AAYAGE SIRAF KUDHA JANE.