Income tax ombudsman experience

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

03 August 2011 I would like to share my I.T. Ombudsman experience and would like to know if anyone had different experiences.

I filed my A.Y. 2009-10 returns with the International Taxation AO in March 2010 as I live abroad. The return was being processed by the AO and not CPC. I had TDS causing an overpayment of taxes. As of April 2011, I had not received any Intimation. Hence, I wrote to the AO and personally handed over the letter when I was in India in April 2011 and sent a copy to his superior. As expected even after 2 months the AO did not reply.

By then I left India and went abroad again. Then as it is difficult to comply with RTI fee requirements in Rupees from abroad and due to the fact that some departments are not following the Supreme Court ruling allowing OCIs to file RTIs, I went the Ombudsman route sending him a signed copy as an email pdf attachment in June 2011 and posting the original.

I was pleasantly surprised when approximately a month later, I got a reply from the Ombudsman with a reference no. advising me that I had to first approach the AO's superior and till then the Ombudsman was powerless. The Ombudsman, however, forwarded my complaint to my AO's superior and advised me that if I do not get any reply or get an unsatisfactory reply within a month, I could then approach the Ombudsman again.

Less than 4 weeks after the Ombudsman forwarded my complaint to the superior, I received a Refund Order Cheque and a Rectification Order claiming that an incorrect Intimation had been generated in December 2010 which had failed to account for my TDS. The purported Intimation was never enclosed nor sent separately by the AO.

Great experience wherin the Ombudsman helped me get a quick refund that CA's were saying only a bribe will work!

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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03 August 2011 I too had such an experience in the case of a client, a public limited company, wherein even form 26AS also showed that refunds for three years were issued in time and the assessee had encashed the cheque with date of encashment of cheque where as assessee didn't get cheque. Upon the interference of Ombudsman, company received refund cheque for three years with in a short time. Mistake may happen knowingly or unknowingly for which a machinery for rectification / remedy is available , and u exercised it, which has to be sought for in a democratic set up.
However, I am concerned with the last sentence, though i can understand your feelings, which would have been avoided this being an open forum.

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