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Sunday, 19 June 2011

"Flanking" RTI to CBDT on POSCO, Liechenstein Banks and Foreign Banks


This is the copy of what is called a "flanking RTI' done on a high enough "Public Authority", in this case the CBDT, to get hold of information which may well be at more than one location - but which could also be with this particular Public Authority. This technique is very useful when some other Public Authority is trying to hide relevant information  - and also to possibly get some future responsibilities and accountabilities in position.

----- Original Message -----
Sent: Thursday, June 09, 2011 5:05 PM
Subject: RTI Application / CBDT / 08jun2011 /

 
To:-  Sh. Debjyoti Das, Dir.(Hq), Central Board of Direct Taxes, Room No.255, North Block, New Delhi-11oo01
CPIO under RTI Act of India 2005 or incumbent.
dtd: 09th June 2011
Greetings & Jai Hind!!  Most humbly request information under the RTI Act of India, 2005,  please provide me with the following information. THIS INFORMATION IS SOUGHT IN THE PUBLIC INTEREST, AND THERE IS OVER-RIDING PARAMOUNT LARGER PUBLIC INTEREST TO BE GIVEN THE INFORMATION I HAVE ASKED FOR.
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INFORMATION REQUIRED:-

a) Please provide me with full information pertaining to CBDT steps for implementing KYC adherences in the case of customers of foreign banks operating in India.
 
b) Please provide me with full information pertaining to the various taxation adherences and status of M/s POSCO and/or their Indian subsidiary M/s POSCO India Pv. Ltd. claiming that they have spent Rs 3000 crores in India so far and if CBDT has any information on this heavy expense. (source: Media report per: http://www.telegraphindia.com/1110420/jsp/orissa/story_13877351.jsp quote:
""Bhubaneswar, April 19: Posco India Limited has so far spent Rs 3,000 crore in its proposed steel plant near Paradip though the project still remains stuck with the company yet to take possession of even an inch of land at the site. The company’s investments came to light during an ongoing review meeting chaired by steel and mines minister Raghunath Mohanty.""
c) Please provide me with full information on list of customers from India with Lliechtenstein banks, for period after 2004, and information on steps taken by Government of India/CBDT to procure this information.
 
d) If any of the above said statutory records is not available, the complete details of how it was destroyed / weeded out in each case..

e) Electronic access to the catalogue (or catalogues) of all records of your public authority duly indexed in a manner and the form to facilitate right to information, either over the computer networks or in the form of a diskette or other electronic media at the prescribed fees.

Sent by eMail and signed hard copy, self-verified, (signed) and humbly submitted,
 
from:-Veeresh Malik,
D-61, Defence Colony,
New Delhi - 11oo24
(mobile: 00-91-99118-25500)

Note 1:-Application fee of Rs. 10/- in cash shall be submitted within 30 days as per procedure laid down by DoP&T at PIO, CBDT, New Delhi, or at any one of the nominated APIOs located at the specified Post Offices in India, and a copy of this application along with receipt shall be sent to you co-terminus. Interim, you are requested to commence processing this RTI Application as per the RTI Act-2005 with effect from date of submission of this electronic copy, also as per the RTI Act-2005.

Note 2:- The public authority, CBDT New Delhi, has not yet published their arrangements to accept / accompany electronic payments for e-filings as per section 6 of the Information Technology Act 2000, is requested to do same, - and hence I am constrained to go to extra expense / trouble to file a routine email request by Postal Department also.

Note 3:- I wish to specify that you may please not provide to me that information (or particular portion thereof) which would impede the prosecution of offenders under any law of India, and also any personal information which is unconnected with any public activity/interest or which invades the privacy of any person. THIS INFORMATION IS SOUGHT IN THE LARGER PUBLIC INTEREST, AND THERE IS OVER-RIDING PARAMOUNT LARGER PUBLIC INTEREST TO BE GIVEN THE INFORMATION I HAVE ASKED FOR.
 
Noe 4:- Humbly also submitted that section 8(2) of RTI Act clearly mentions that “A public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests”. In present case ven section 8(1)(j) is applicable for the information sought. Also it leaves no scope to invoke section 11 of RTI Act for seeking ‘third party’ comments. However since various CIC-verdicts allow protection in form of hiding certain information likely to be misused, bank-details etc in the sought information may be hided by putting a whitener on the relevant portions of the documents to be provided.  In case RTI petition relates to some other public-authority, please transfer this RTI petition to CPIO there under section 6(3) of RTI Act.
 
(Postal-order number __________________ _______________ for rupees ten is enclosed with signed hard-copy towards RTI fees in name of “Accounts Officer” as per DoPT circular-number No.F.10/9/2008-IR dated 05.12.2008.)


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