Central Information Commission
Mr.Rajesh Kumar Dwivedi vs Cbdt on 20 December, 2011
1
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2011/000807
Appellant /Complainant : Shri Rajesh; Kumar Dwivedi,
Jameshedpur
Public Authority : Income Tax Department,
Palamu/Ranchi
(Shri DFK Baha, ITO/CPIO & Sh. Abhay
Kr
Das, FAA - through videoconferencing)
Date of Hearing : 20 December 2011
Date of Decision : 20 December 2011
Facts:
1. RTI application dated 13 September 2010 was submitted by appellant before the CPIO, Income Tax Office, Ward 3 (3), Daltonganj, to obtain information regarding action taken on tax evasion petition made by him relating to Shri Suresh Tiwary and Shri Lav Tiwary including the entire tax evasion enquiry report.
2. Vide CPIO order dated 12 October 2010, disclosure of information was denied under the provisions of section 8 (1)(j) of the Act.
3. Appellant preferred appeal dated 15 November 2010 before the first appellate authority. Matter was decided vide FAA order of 21 December 2010 and appeal was dismissed.
4. Appellant preferred second appeal before the Commission.
Appeal: No. CIC/DS/A/2011/000807 2
5. Matter was heard today via videoconferencing. Respondent was present at Ranchi and Palamu. Appellant was present at Jamshedpur. Thirdparty was also present at Palamu. Each party presented arguments in support of their stated positions.
Decision notice
6. After hearing all the parties Commission takes note of the fact that following the conclusion of the investigation based on the TEP preferred by the appellant, respondent has already informed appellant on point wise basis, whether the information provided by him was found to be true/partially true/false. Accordingly no further information is required to be provided to the appellant. Commission upholds the order of the CPIO and first appellate authority that the copy of the entire tax evasion enquiry report is not required to be provided to the appellant under the provisions of section 8(1)(j) of the Act. Appeal is dismissed.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Rajesh Kumar Dwivedi Qr. No. L4/74, Road No. 5 B.H. Area, Kadma Jameshedpur831005 (Jharkhand)
2. The CPIO Income Tax Officer, Ward No. 3(3) Daltonganj, District - Palamu822101 Appeal: No. CIC/DS/A/2011/000807 3 (Jharkhand)
3. The Appellate Authority Joint Commissioner of Income Tax Range3, Bagroy Building Main Rod Ranchi (Jharkhand) Appeal: No. CIC/DS/A/2011/000807