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Tax complaints? First option for redressal is ombudsman

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AS PER the Oxford English Dictionary, an "ombudsman" is a government official whose job is to examine and report on complaints made by ordinary people about the government or public authorities. In India, the income tax (I-T) authorities have also introduced the concept of an ombudsman with the objective of enabling resolution of complaints relating to public grievances against the I-T department and to facilitate the satisfaction or settlement of such complaints.


Who is an ombudsman: An ombudsman is an individual who is appointed by the Union government. The person previously has worked for Indian government. The ombudsman is independent of the juris ombudsman is independent of the diction of the I-T department.

In addition, the Union government is required to specify the territorial jurisdiction of each ombudsman.

At present, there are 12 locations, including New Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad, where ombudsman offices have been set up. However, the government can approve additional ornament can approve additional locations and appoint an ombudsman for each such location.


When can the ombudsman be approached? Some of the issues for which a complaint can be made to the ombudsman are listed below: Delays in issue of I-T refunds.

No credit of taxes paid, including tax deducted at source (TDS).

Impolite behaviour of tax officials.

Delay in allotment of permanent account number (PAN) card.

Delay in disposal of interest waiver or rectification of applications to name a few. Lack of transparency in identifying cases for scrutiny and non-communica tion of reasons for the same.

Any other administrative matter that could fall under the ambit of the ombudsman.

It is, however, important to note that before you approach an ombudsman, you are required to write a letter to an I-T authority, who is a senior to the person against whom the compliant has been made.

In addition, only if such an authority has rejected the complaint or the complainant does not receive any reply within one month, or, is not satisfied with the reply given to him by such an authority, then, he could approach the ombudsman. The complaint to the ombudsman has to be made within one year from the date the aforementioned period of one month expires. The ombudsman can't address any issues that are being looked into, like an appeal or writ, by any I-T authority or court.

How to file a complaint: In case you have a grievance with the I-T department, you need to file a written/online complaint with the ombudsman, which is duly signed by the individual or his authorised representative. Such com should provide details of the complainant's name, address and PAN card in addition to the name of the office and official against whom the complaint is made, facts and supporting documents and the relief sought from the ombudsman.

Resolution of complaints: The ombudsman considers the com plaints and facilitates the process of settlement.

For cases where no resolution is passed in a month's time of receiving the written complaint, the ombudsman would issue directives to the I-T authorities, which would be a speaking order. If deemed appropriate, a monetary compensation could be ordered by the ombudsman, which cannot exceed Rs 1,000. The decision of the ombudsman is binding on the I-T department and the complainant, subject to other conditions.

It is the duty of the ombudsman to protect the interests of an individual taxpayer's rights. He is also required to identify issues for which the compliance burden has to be broadened. The ombudsman also looks into issues that create problems for taxpayers and report the same to the authority in charge to improve processes.

Taxpayers, therefore, have an avenue for redressal of their grievances and they may make the most of the facility as required.

 

 

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