Central Information Commission
Mudadla Vykuntam Neelima vs Chief Commissioner Of Income Tax (Cca) , ... on 1 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CCITH/A/2023/134175
Mudadla Vykuntam Neelima .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
O/o The Income Tax Officer,
Ward 6(1), Room no 623, 6th
Floor, B Block, IT Tower, AC
Guards, Hyderabad- 500004 .... ितवादीगण /Respondent
Date of Hearing : 25.10.2024
Date of Decision : 29.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 27.01.2023
CPIO replied on : 08.06.2023
First appeal filed on : 21.06.2023
First Appellate Authority's order : 10.07.2023
2nd Appeal/Complaint dated : 31.07.2023
Information sought:
The Appellant filed an RTI application dated 27.01.2023 seeking the following information:Page 1 of 4
"1) With all reverence and humbleness I beg to submit that I am the legally wedded wife of Mr. Vykuntam Siva Prasad, S/o. Vykuntam Venkata Ramana, and our marriage was solemnised on 07-05-2017 as per Hindu rites and caste customs at Sai Priya Resorts, Visakhapatnam. It was an arranged marriage. At the time of our marriage, my husband was working as a SAP Consultant at Toyota Qatar, Abdullah Abdulghani & Bros. W.L.L., Qatar and to the my - knowledge, my husband used to draw a salary of an Indian equivalent of approximately Rs. 4,00,000/- (Rupees Four Lakhs only).
2)After a few months of our marriage, my husband has deserted me and left me to fend of myself. I had filed a petition claiming maintenance from my husband under Section 18 of the Hindu Adoption and Maintenance Act, 1956 and the same is currently pending adjudication before the Hon'ble Family Court at Visakhapatnam as F.C.O.P. 58/2022.
3) My husband is a Qualified B.Tech degree holder in Information Technology and he is capable of earning a handsome income. I firmly believe that my husband is currently employed and or earning salary or income, but my husband is stating before Courts that that he is unemployed. In these circumstances, I require the generic details of the net taxable income /gross income of my husband for the purpose of seeking a favourable order from the Court in the maintenance proceedings currently pending adjudication before the Hon'ble Family Court at Visakhapatnam as F.C.O.P. 58/2022 as per the recent Order of the Central Information Commission in the case of Ambika Bhatia v.
CPIO, Office of the Assistant Commissioner of Income Tax, ACIT CIR-1, JNR, RTI Cell, Taranjali Bldg, Jamnagar, Income Tax Office, Nr. Amber Cinema, Pt. Nehru Marg, Hospital Road, Jamnagar, Gujarat-361008 (CIC/CCITA/A/2021/609436).
I therefore request you to provide the generic details of the net taxable income /gross income of my husband- Mr. Vykuntam Siva Prasad for the Assessment Years 2017 to 2022."
The CPIO furnished a reply to the Appellant on 08.06.2023 by denying the information under Section 8(1)(j) of the RTI Act.
Being dissatisfied, the appellant filed a First Appeal dated 21.06.2023. The FAA vide its order dated 10.07.2023, upheld the reply of CPIO.
Page 2 of 4Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Represented by Mr. Potina Trinadh Kumar present in person. Respondent: Not present.
Appellant's representative pleaded that information has been wrongly denied by the CPIO ignoring the fact that she is the wife of Mr. Vykuntam Siva Prasad, and the requested information is required to produce evidence in defence of her claim before the Court of Law in maintenance case filed against her husband.
A similar matter was case heard and disposed of by this bench today i.e. on 25.10.2024 vide case File No. CIC/CCITB/A/2023/134955 wherein, it was noted the respondent offered to help the appellant, Ms. T Sudha by apprising her that appellant may visit the nearest jurisdictional office of ITO with the Adhaar Card details of her husband and marriage certificate, who may provide her the PAN details of her husband, which, the appellant should then share with the respondent to facilitate the generic details of gross income and net income of her husband.
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of records, advised that the Appellant to submit relevant documents to establish that Mr. Vykuntam Siva Prasad is her legally wedded husband and there is a maintenance case/matrimonial case pending before the judicial Court. For said purpose, the Appellant may provide/submit complete litigation documents and PAN card number of her husband to the Respondent Public Authority, within one week from the date of receipt of this order. On receipt of the same, the Respondent is directed to provide the "generic details of the net taxable income/gross income" of Appellant's estranged wife for the period as mentioned in the RTI application, free of cost, within three weeks from the date of receipt of the documents from the Appellant.Page 3 of 4
The First Appellate Authority to ensure compliance of the directions.
Notwithstanding the above, the Commission viewed the conduct of the Respondent adversely for remaining absent during the hearing, despite prior Notice. This shows his/her disregard towards rights of a citizen, Law of the Land, and his obligation thereunder besides towards the proceedings of the Commission. Hence, the CPIO is sternly cautioned to be careful in future and avoid causing such lapses so as to avoid attracting any penal action.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Addl. Commissioner Of Income Tax, Range-6, 6th Floor, B Block, IT Tower, AC Guards, Hyderabad- 500004 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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