Mr.S N Saxena vs Cbdt on 1 May, 2010

        CENTRAL INFORMATION COMMISSION
      Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066


                       File No. CIC/LS/C/2009/000573
                 Shri S.N. Saxena Vs Income Tax Department

                                                          Dated : 30.4.2010
        As the order of the Commission dated 30.12.2009 was not complied
with, the appellant has filed a non-compliance complaint whereupon a notice
was issued to Smt Santosh Malhotra, ITO Ward 43(4), New Delhi to show-
cause why penal action should not be taken against her and the matter was
adjourned to 30.4.2010.

2.     As scheduled, the matter is called for hearing today dated 30.4.2010.
Appellant not present. The Department is represented by Smt Sashi Kanta
Soni, ITO. She submits that Smt Malhotra could not appear before the
Commission today as she is on leave. When queried regarding the reasons
for non-compliance of the Commission's order, she would submit as follows
:-
(i)    As regards FY 2003-04, the record has not been computerized.
       Hence, the appellant is required to furnish Indemnity Bond, Bank
       Statement till date and copy of the Return with enclosures, for
       enabling the Department to process the matter afresh.
(ii)   As regards FY 2006-07, no refund is due to the assessee.
(iii) As regards FY 2008-09, refund order was issued in favour of the
       appellant but it was returned unpaid due to incorrect account of the
       appellant. However, if the appellant gives his correct account number
       and a copy of the Return filed by him, it would be possible to issue a
       fresh refund order in his favour.

3.     The factual position in regard to the three FYs, as given by Smt Soni,
has been reflected herein above. It is for the appellant now to take action as
indicated hereinabove. He will also be at liberty to establish telephonic
contact with Smt Santosh Malhotra, ITO Ward 43 (4), New Delhi (Tel No
23412731), whereupon Smt Malhotra would respond to him in a positive and
helpful manner.

                                                                               Sd/-
                                                                     (M.L. Sharma)
                                                  Central Information Commissioner
       Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the Act, to
the CPIO of this Commission.




   (K.L. Das)
   Assistant Registrar
 Address of parties :-
1.

Smt Santosh Malhotra
ITO Ward 43 (4)
(By Hand by Smt Sashi Kanta Soni, ITO)

2. Shri S.N. Saxena
B-79 GF, Swasthya Vihar, Vikas Marg,
New Delhi-110092