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Sales Tax Practioners' Association of Maharashtra

"The main object of our Association is to educate the public in general and the members in particulars on Sales Tax and Allied Laws in the State of Maharashtra, India".

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Sales Tax Review

January 2008

Speakers Forum

RTI Act has got capacity to reduce corruption

On 28th Dec., 2007, Chief Information Commissioner of Maharashtra Hon. Suresh Joshi released a short publication published by STPAM and Akil Bhartiya Grahak Panchayat. This book is compiled by consumer activist and our managing committee member, Adv. Kishor Lulla, of Sangli. Hon.Commissioner of Sales Tax, Shri Sanjay Bhatia, graced the function. President of STPAM, Shri Deepak Bapat, Hon. Secretary Pankaj Parekh and State Co-ordinator of Grahak Panchayat, Mrs.Veenatai Pandit were present on this occasion. Vice President Shri Kiran Garkar delivered welcome speech. Mr. Lulla introduced the chief guests. The Study Circle was attended by more than 100 members.

In the inaugural speech, Shri Suresh Joshi said that every tax consultant should use this Act to strengthen the hands of taxpayers. This right is already in existence as per Article 14 of the Constitution. The first case for establishing right of consumers was against Rajasthan Municipal Corporation. That matter went up to the Supreme Court. But every consumer cannot fight legal battle. Hence many social workers like Anna Hajare, Aroon Kejriwal, Shailesh Gandhi and consumer organizations are working actively to canvass the provisions of the Act. The response is tremendous. In the first year of introduction of R.T.I. Act, 2005, about 1,24,000 applications were received in various departments. Fortunately, the people of Maharashtra have habit to know their rights. But it is found that due to lack of knowledge, people send copy of complaints to Prime Minister or President. This is a culture developed in our state. But one must hit the nail on the head. This short publication will give perfect guidance in simple language.

He further explained that a large number of grievances are still unsolved. The purpose of R.T.I. is to bring transparency and put accountability on bureaocrats. If all the information is published suo motu, the number of applications will automatically be reduced. Today a farmer is facing grave problems of ration, kerosene, agricultural tax etc. As per the provisions of this Act, the Public Information Officer of any Government or semi Government department has to provide the information within 30 days of the application. Otherwise he has to pay penalty of Rs. 250/- per day of delay. Due to habit developed in the last 50 years, still officers are giving replies like application is under consideration, it is forwarded to other department or reply will be given in due course etc. This attitude of Government officers should be changed.

Shri. Joshi further informed that out of total applications received, about 25% applications are of Government officers themselves as they are also facing problems of salary, pension, and gratuity transfers. If this, most popular Act, is used in true spirit, it has capacity to reduce corruption. In the year 2005, we were 83rd in the list of corrupt countries. Now in 2006, we are no longer in the list of most corrupt countries. Shri Joshi quoted examples of corruption in Employment Guarantee Scheme, recruitment in Public Service Commission, M.S.E.B, MMC, second hand vehicles racket etc.

At the end, he appealed to the members to concentrate on slum or below poverty line people’s problem. Anil Ambani and Jasvant Singh have also used this Act. If we all work together, then transparency will definitely be achieved.

At this occasion Hon. Commissioner of Sales Tax has assured to look into the pending applications under R.T.I. in his department. He admitted that we do not keep transferency, some day or the other Hon. C.I.C. will levy penalty on us. He congratulated STPAM and Grahak Panchyat for publishing this book, which will be helpful to all.
President of STPAM, Shri Deepak Bapat presented memento to the chief guests and invitees. Hon. Secretary
Shri Pankaj Parekh proposed vote of thanks.

Here are the comments by our Convener of Tax Payers Protection Council, Adv. Shri Kishor Lulla.

Till today, in the last 2 years we have applied in 12 matters to the Sales Tax Department. Four of them went up to second Appeal in Maharashtra. One appeal about non-receipt of TIN Certificates is pending with Central Chief Information Commissioner at Delhi. By persistant follow-up a request is made to Hon. CST to look into the matter of non receipt of TIN Certificates by the large amount of people throughout the State. But unfortunately, no response till today. Similarly, the C.I.C. of Maharashtra has delivered a judgment in Dec., 2007 for conducting service cell meetings in every district but the Sales Tax Dept. is not implementing the decision. But we won’t get tired.

“BHAGWAN KE GHAR DER HAI, ANDHER NAHIN”

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