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President: Col J N Pandey
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Analysis of the problems: An
analysis of the various grievances received at Parivartan and
interaction with taxpayers shows that the types of problems faced by a common
taxpayer, with respect to obtaining refunds from the Department, can be
classified under the following categories: 1. The returns are not processed in chronological order. There is no method, which is followed to process returns. Any return can be processed at any time. This gives a lot of leeway to the concerned officials. They would process only such returns in which their demands for bribes have been met or in the cases, which are referred to them by their colleagues, friends or seniors. 2. After filing the return, there is no mechanism by which a taxpayer could know the status of his return. There are no channels available to find out whether a taxpayer’s return has been processed and refund sent or how much more time would it take before he gets his refund. Naturally, he is forced to make visits to the Department, thus, wasting his time, money and energy. Either he visits the Department and gets his work done by paying a bribe or he simply forgets about his refund. If he pays the money, he gets his refund else, the harried taxpayer keeps making visits to the Department. 3. Sometimes, the taxpayer receives intimation u/s 143(1)(a) which says that a refund is due to him but the refund cheques never reach the assessee. The taxpayer, now, has to get in touch with the concerned officials, pay a bribe and only then does he get his cheque. 4. Often, the refund cheque is received after the expiry of the validity period of three months. Again, the assessee applies for revalidation of the same and the same is not done without payment of bribe. 5. Sometimes, if the refund cheque is deposited in the bank, it is returned by the bank for want of ‘advice’ from the Department. Again, the advice is sent by the concerned officials only on fulfillment of their demands. 6. Similarly, the PAN is allotted within no time if the desired amount is paid to the staff. Else, there are cases where PAN has not been allotted even after two years of their application. Even if the PAN has been received by a taxpayer, the card never comes. 7. Citizen’s Charter : The Department has a Citizens’ Charter which lays down time limits for different types of jobs. However, in practice, these time limits are seldom followed. a) The Department promises to redress all complaints and grievances within 30 days. Parivartan received cases where grievances have not even been acknowledged, leave alone redressed for years together. The poor taxpayer does not know where to go and what to do now. The only option left with him is to pay the bribe and get his grievance redressed. b) The Department promises to dispose rectification applications within 30 days. Again, such applications have not even been acknowledged, leave alone disposed after years of pursuing. The rectifications are done only on the payment of bribes.
c) The
Department promises to give effect to any appeal order within 30 days. However,
effects have not been given years after the orders were passed by the appellate
authorities despite several visits and letters by the taxpayers. The appeal
effects are given only on payment of bribes. Lets not pay bribes for income tax refunds |
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