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Issue ID: 111351
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IT officer takes written signed declaration without copy or receipt --- legal?

Date 10 Jan 2017
Replies 1 Reply
Views 1069 Views
Asked by
Right to copy of declaration ensures individuals may retain or obtain acknowledgement when submitting statements to tax officers.
The person subjected to an income-tax inquiry who wrote and signed a declaration was denied a copy and any receipt; the advisory reply affirms the person has a right to receive a copy of the declaration and, by implication, an acknowledgement of attendance or submission during the inquiry. (AI Summary)

One of my clients was sent a summon to appear before an IT officer because IT dept found his declaration of assets incomplete. He duly appeared before the IT officer and was told to write down a declaration of assets, which he did. When he asked to retain a copy for his records, the IT officer told him that is not allowed, and the only way to get a copy of his own declaration was to file an RTI. I believe my client is entitled to retain a copy of the declaration he wrote. He got no other receipt or acknowledgment that he even reported to the IT office and provided all documents asked for. I think he was entitled to that too.

The whole encounter reeked of collecting confession under duress without witness. My client was 100% honest, by the way. No evasion was ever attempted.

Is there any specific article in the IT Act that permits an IT officer to collect a declaration without returning a true copy?

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Replied on Mar 18, 2017
1.

Your client is having right to receive the copy of the declaration.

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