Right to Information - CIC Issues Notice to 108 Delhi VAT Officers

By Vijay Kumar

AN Appellant before the Central Information Commission had sought for details of cash refunds in the D-VAT returns filed online from the financial year 2013 till date. He also wanted to know the number of dealers to whom refund was sanctioned and credited within the period of two months u/s 38 of DVAT Act and also the number of dealers who were sanctioned refunds beyond the statutory period along with the interest permissible. Generally, the online Tax Returns filed by the registered dealers will contain details of refund claimed mandatorily. If refund is sanctioned, such amount gets credited automatically to account of dealer and delay if any has to be paid u/s 42 of DVAT Act.

The CPIO has simply forwarded the RTI request to all 108 Ward PIOs to furnish the information. All of them replied stating "NIL", or "No such record is available", "no complete detail is available" etc, but did not provide relevant information which they were expected to have automatically on line.

Appellant stated that when everything is submitted in online mechanism how they could claim that such information was not available.

The Commission was surprised to know that the office of Commissioner DV at is having no concern for the revenue related record keeping and allowed their 108 PIOs to give a false or incomplete reply. It is beyond comprehension that DVAT office does not have 'refund' details, which is a very significant issue of governance and also enforcement of rule of law.

The Commission found it as a fit case to initiate penal proceedings against all 108 PIOs representing 108 wards in New Delhi and also its past and present CPIOs, who simply forwarded the RTI question and the replies back to the appellant without any application of mind.

Commission directed the then Central PIO, along with each of 108 ward PIOs to show cause why maximum penalty should not be imposed against each of them for not providing correct information or suppressing the information or giving wrongful/incomplete information besides non-compliance of order of FAA (First Appellate Authority).