Income Tax Service is ‘Useless’: Individual Approaches RTI for getting Own TDS Records, CIC Rejects Application

Income Tax Service is ‘Useless’: Individual Approaches RTI for getting Own TDS Records, CIC Rejects Application

Income Tax Service is ‘Useless’: Individual Approaches RTI for getting Own TDS Records, CIC Rejects Application





The Central Information Commission (CIC) recently rejected the appeal of the assessee, Shivi Mohan Rastogi for accessing his Tax Deducted at Source (TDS) records via Right to Information (RTI).

The CPIO’s reply to the question of the assessee was that “The information sought by the appellant for his TAN — DELS33634G for FY 2019-20 is available in the traces portal of the Income tax department. The portal can be accessed at the url www.tdscpc.gov.in by login into Taxpayer section by the TAN no and password set for the TAN no”.

Dissatisfied by the responses to his query of TDS details, the assessee approached the First Appellate Authority (FAA).

In reply to the appeal of the assessee, the FAA said, “The information sought by the appellant is specific information pertaining to his own tax compliances under ‘fps’ module, to which he has exclusive and unrestrained access. Despite that sincere efforts were made to help him in accessing that information, assuming that he might be facing difficulty in accessing the portal through his own User -ID and Password. However, he has chosen not to share his difficulties, if any, with the appellate authority”.

Aggrieved by this, the assessee approached the CIC in the present appeal. According to his submissions, “there was a substantial decline IN FY 20-21 as compared to reduction of 25 o/o allowed by Government, He issued notice for detailed enquiry for vague purpose of comparative analysis even though all figures are on the portal of Income Tax Department”.

He further submitted that “There has been heavy loss of illegal revenue due to faceless assessment, appeal before CIT, ITAT and closure of SETTLEMENT COMMISSION. Income tax service has become useless service”.

It was further contended that as per the norms of the Commissioner of Income Tax, the taxpayers who pay a low/no TDS are viewed as defaulters. The Commissioner of Income Tax, TDS (2), Delhi, was also accused by the assessee of issuing notices and conducting enquiries for up to two years before the year the assessee along with other business owners was hit by the pandemic.

About the TDS queries, he submitted that, “I asked certified copies of figure taken by CPIO Rs 2075986 for 9 months. He has refused to give certified figures.”

In the decision, the Information Commissioner Saroj Punhani said, “TDS record of the assessee is a document/ information which is available with the Appellant himself and not held by the Public Authority; moreover such documents can be accessed from the weblink portal of the Income Tax Authorities. Further, during the course of hearing, the Appellant nowhere expressed his inability to access the document/ information sought for which is available on the web portal”.

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