A to Z of Income Tax Ombudsman..!

The Income Tax  (I -T) Department’s website has become a single window for various I -T related activities, like IT filing tax return, applying for a Permanent Account Number (PAN), locating an assessing officer (AO), and many others.

But, redressal of taxpayer grievances remains an issue, which is where the I - T ombudsman plays a role.

The I - T ombudsman is an independent body set up in 2006.

In 2010, a new set of guidelines governing it was introduced. It comprises of former I - T officials or officials from the Indian Revenue Service (IRS). Its main purpose is to enable resolution of grievances against the I - T Department or its officials, and facilitate a settlement. It acts as an arbitrator and is independent of the  I -T Department’s jurisdiction.

There are about 30 ombudsmen in all.

Some of the topics for which you can approach the ombudsman are interest waiver, seizure of account books, allotment of PAN, and non-credit of tax paid. You can go to it for tax refund issues, and even impolite behaviour of officials.

 Your complaint must have your signature, name, address, and the name of the office & official against whom the complaint is made.

You must also submit the facts of the matter, supported by documents, if any, and the relief you seek from the ombudsman.

You can file the complaint online, but then it has to be printed out, signed & submitted to the ombudsman’s office.

After receiving the complaint, the  I - T ombudsman will send a copy of it to the officials concerned. The officer has to reply, or /  even settle the issue, within a month, or / within the extention given.

If a settlement cannot be worked out at this level, the ombudsman can pass a decision or an ‘award’ to the complainant. The latter would be in line with the documents available on record and tax laws, up to Rs.1,000.

 

The I - T ombudsman can instruct the officials to release this payment, which has to be done within a month, and apologize to the taxpayer. The award, however, cannot affect the quantum of the income or tax assessed or the penalty already imposed. The I-T department has to accept the ombudsman’s decision but the complainant must send her acceptance of the order within 15 days of receipt of the award letter. Else, the award lapses.

The ombudsman has to send a monthly report to the Central Board of Direct Taxes (CBDT)  and the Department of Revenue in the finance ministry, especially highlighting cases in which action needs to be taken against erring I - T officials. The report is accompanied with primary evidence.

Before going to an ombudsman The I - T ombudsman is not the first level. Before going to it you should submit a written complaint with your Assessing officer - AO -  (use your PAN on the department’s website to find out who is your AO).

If no action is taken, you can approach the chief commissioner of I -T with copies of previous letters written to the AO. If your complaint is still not satisfactorily addressed, or if it gets rejected, or if there is no reply within 30 days, then you can raise the issue with the ombudsman.

Do remember that the complaint should be filed with the ombudsman within one year after (365 days)  the 30-day wait for a response from an I -T official is over.

Src: Mint

Income Tax Ombudsman

TamilNadu, Pondicherry

R.No. 317 / 319, 3rd Floor,

Aayakar Bhawan,

121, Mahatma Gandhi Road,

Nungambakkam, Chennai- 600 034

Mr. Sunil Chopra, Income Tax Ombudsman

Phone 044- 2829 5486 (O) Fax: 044- 2829 5487

Income Tax Ombudsman in Other Cites

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