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| + | ====== RTI for business: tenders, licences, GST refunds — citizen guide 2026 ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick answer:** Any business owner, director or partner can file RTI as an individual citizen to trace a stuck GST refund file, a licence application, | ||
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| + | Your GST refund has been "under process" | ||
| + | |||
| + | ===== What RTI does for a business ===== | ||
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| + | RTI lets a citizen demand copies of government records: file notings, inspection reports, payment approvals, tender evaluations and licence processing status. For a business, it converts "we are looking into it" into a named officer, a dated file movement and a legal deadline. It costs ₹10 and needs no lawyer. | ||
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| + | ===== Who files: you, not your company ===== | ||
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| + | Section 3 of the RTI Act gives the right to **citizens**. A company, LLP or firm is not a citizen, so an application in the company' | ||
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| + | ===== Legal framework ===== | ||
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| + | ^ Provision ^ What it gives you ^ | ||
| + | | §2(f) | " | ||
| + | | §6(1) | The application itself: plain paper or online, with the fee | | ||
| + | | §6(3) | Wrong office? They must transfer your application within 5 days | | ||
| + | | §7(1) | Reply due in **30 days** (35 if filed via an APIO) | | ||
| + | | §8(1)(d) | Exemption for commercial confidence and trade secrets, **unless** the competent authority finds larger public interest in disclosure | | ||
| + | | §19(1) | First appeal within 30 days of the reply or the missed deadline | | ||
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| + | The Supreme Court held in //Reserve Bank of India v. Jayantilal N. Mistry//, (2016) 3 SCC 525, that a regulator cannot hide behind " | ||
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| + | ===== Seven business uses that work ===== | ||
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| + | ^ # ^ Situation ^ Where to file ^ What to ask for ^ | ||
| + | | 1 | GST refund stuck | Jurisdictional GST office / CBIC | Present status of refund application ARN, file notings, name of officer holding the file, reasons for delay | | ||
| + | | 2 | Licence or approval pending | Municipality, | ||
| + | | 3 | Lost a government tender | The tendering department | Post-award: evaluation committee minutes, technical scores, the winning bid's compliance sheet (§8(1)(d) may redact price internals) | | ||
| + | | 4 | Government department owes you money | The buyer department | Status of your invoice on file, payment approval notings, reasons for non-payment | | ||
| + | | 5 | EPFO or ESIC dispute | EPFO / ESIC regional office | Your establishment' | ||
| + | | 6 | Property due diligence | Sub-registrar, | ||
| + | | 7 | Arbitrary inspection or penalty | The inspecting department | Copy of the inspection report, the officer' | ||
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| + | For unpaid MSME invoices, RTI reveals where your payment file is stuck; the recovery remedy itself is separate: the MSMED Act, 2006 (§§15-16) entitles registered MSMEs to interest on delayed payments through the [[https:// | ||
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| + | ===== Step-by-step ===== | ||
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| + | - Identify the exact public authority that holds the record (the department you dealt with, not the ministry above it). | ||
| + | - Draft 3 to 6 **record-specific** questions. Ask for copies and dates, not explanations. | ||
| + | - File online at [[https:// | ||
| + | - Pay the fee: ₹10 for central applications under the RTI Rules, 2012. State fees vary slightly. | ||
| + | - Calendar day 30. No reply is a " | ||
| + | - File the first appeal (free for central) within 30 days using the [[https:// | ||
| + | - Still stonewalled? | ||
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| + | ===== Documents required ===== | ||
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| + | * None. No GST certificate, | ||
| + | * Only the application, | ||
| + | * Do not attach your business correspondence; | ||
| + | |||
| + | ===== Common mistakes ===== | ||
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| + | * Filing in the company' | ||
| + | * Asking "why is my refund delayed?" | ||
| + | * Demanding a competitor' | ||
| + | * Missing the 30-day first-appeal window under §19(1). | ||
| + | * Sending one fat application to three departments: | ||
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| + | ===== Example (illustrative) ===== | ||
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| + | <WRAP center round box 95%> | ||
| + | A small exporter' | ||
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| + | ===== Sample RTI application ===== | ||
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| + | < | ||
| + | To: The Central Public Information Officer | ||
| + | [Jurisdictional GST Commissionerate address] | ||
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| + | Subject: Application under Section 6(1), RTI Act 2005 | ||
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| + | 1. Kindly provide the current status of GST refund application | ||
| + | ARN [number] dated [date] filed by [firm name], GSTIN [number]. | ||
| + | 2. Provide copies of all file notings and correspondence on this | ||
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| + | 3. State the designation of the officer with whom the file is | ||
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| + | 4. If any deficiency memo or query was raised, provide a copy and | ||
| + | state the date it was communicated to the applicant. | ||
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| + | If any part of this information is exempt, kindly sever it and | ||
| + | supply the remainder under Section 10. If this office is not the | ||
| + | custodian, kindly transfer under Section 6(3) within five days. | ||
| + | Reply is requested within 30 days under Section 7(1). If refused, | ||
| + | kindly state the grounds and the first appellate authority' | ||
| + | details under Section 19(1). | ||
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| + | Applicant: [Your name, individual citizen] | ||
| + | Address: [Address] | ||
| + | </ | ||
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| + | Draft yours in minutes with the [[https:// | ||
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| + | ===== FAQ ===== | ||
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| + | ==== Can a private limited company file RTI? ==== | ||
| + | No. Section 3 grants the right to citizens. The director, partner or any employee files in their own individual name instead. The information received serves the business just the same. | ||
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| + | ==== Can I get a competitor' | ||
| + | Post-award, evaluation records and comparative scores are generally accessible, but price internals and trade secrets can be withheld as commercial confidence under §8(1)(d). Ask for the evaluation committee minutes and compliance sheets rather than the rival' | ||
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| + | ==== Does RTI work on private banks? ==== | ||
| + | Private banks are not public authorities, | ||
| + | |||
| + | ==== My GST refund is stuck. RTI or grievance portal? ==== | ||
| + | Both. RTI produces the file's real status and notings in 30 days; a CPGRAMS grievance pushes for action. The RTI reply often gives you the exact defect to fix. | ||
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| + | ==== Will the department know it is my business asking? ==== | ||
| + | Your name and address go on the application, | ||
| + | |||
| + | ==== What does it cost? ==== | ||
| + | ₹10 application fee for central departments, | ||
| + | |||
| + | ==== The PIO refused citing commercial confidence. Now what? ==== | ||
| + | File a first appeal under §19(1) within 30 days arguing severability (§10): exempt lines can be blacked out while the rest is supplied. Blanket refusals rarely survive appeal. | ||
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| + | ===== Sources ===== | ||
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| + | * RTI Act, 2005: [[https:// | ||
| + | * Central filing portal: [[https:// | ||
| + | * MSME delayed payments: [[https:// | ||
| + | * Reserve Bank of India v. Jayantilal N. Mistry, (2016) 3 SCC 525 | ||
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| + | ===== Related on RTI Wiki ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | //Editorial guide · reviewed 11 July 2026. Verify time-sensitive fees and portal behaviour on the official sites before filing.// | ||
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