Central Information Commission
.Lal Singh Rathore vs Cbdt on 4 October, 2013
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Website : cic.gov.in
Telephone No.: +91-11-26105682
File No.CIC/RM/A/2013/000608
Appellant: Shri Lal Singh Rathod, Jalore
Public Authority: ITO, Ward Jalore, Jalore & JCIT, Range
Barmer, Barmer
Date of Hearing: 12.09.13 and 4.10.13
Date of decision: 04.10.2013
Heard today, dated 12.09.2013 through video conferencing.
Appellant is represented by Shri KC Munera.
The Public Authority is represented by Ranjit Singh Rathore, ITO, Jalore and Shri
GR Kokani, JCIT/FAA, Jodhpur.
FACTS
Vide RTI dt 27.1.12, appellant had sought information on 5 points alleging that the appellant and his company have been harassed by way of survey proceedings and proceedings u/s 142, 143(2) and 148.
2. CPIO vide letter dt 14.2.12, informed appellant that the information sought cannot be entertained as no larger public interest is involved and the information is exempt from disclosure u/s 8(1)(e) of the RTI Act.
3. An appeal was filed on 14.3.12 (copy not available).
4. AA vide order dt 19.4.12, upheld the decision of the CPIO in rejecting the information u/s 8(1)(e) as the information is held by the department in a fiduciary capacity and in the absence of any larger public interest, the information cannot be disclosed.
04.10.2013 Hearing resumed.
The following are present:
1Appellant along with Shri KC Munera, Shri Ranjit Singh Rathore, ITO/CPIO Jalore and Shri GR Kokani, JCIT/FAA Jodhpur.
5. Submissions made by the appellant and public authority were heard. Appellant submitted that the information sought by him relates to his own case and as such denial of information u/s 8(1)(e) is not tenable. CPIO submitted that investigation into proceedings u/s 148 have since been completed and that information has already been provided to the appellant. However, assessment proceedings relating to Section 133A are still pending and hence information sought by the appellant cannot be provided at this stage. It was their contention that disclosure of information was not in public interest. CPIO further clarified that he had initiated action u/s 133A after obtaining due approval of the JCIT.
DECISION
6. The Commission directs CPIO to provide a copy of the approval order issued by Joint Commissioner, IT, for taking action u/s 133A of the IT Act. If there is any sensitive information in the order which may impact the assessment proceedings, the same may be deleted as per the provisions of Section 10 of the RTI Act. The Commission concurs with the decision of the public authority in not providing copy of survey report and other information as the assessment proceedings are ongoing and such information would be exempt u/s 8(1)(h) of the RTI Act.
The appeal is disposed of.
Sd/-
(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to:
The ITO & CPIO O/o the Income Tax officer Ward -Jalore, Shivaji Nagar, Jalore -343001.
The Jt. CIT & First Appellate Authority O/o the Joint Commissioner of Income Tax Range -Barmer, Aayakar Vibhag, Sangji Bhawan, Rai Colony, Barmer Shri Lal Singh Rathore 2 Bhagli Sindhlan, Near 3rd Phase, Industrial Area Jalore -343001.(Raj.) (Raghubir Singh) Deputy Registrar .10.2013 3