Central Information Commission
Rev Samson Benjamin Lankeswar vs Income Tax Office, Pune on 11 May, 2009
232 RevSamsonBenjaminLankeswar VsITOPune 11 05 4 1
5/11/2009 3:44:54 Deepak
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/LS/A/2009/000232
Appellant: Rev Samson Benjamin Lankeswar
Public Authority: Income Tax Office, Pune
(through Shri R.P. Kamble,
Assistant CIT Circle-1(2), Pune)
Date of Hearing: 11/05/2009
Date of Decision: 11/05/2009
FACTS:-
By his letter of 15/10/2008, the Appellant had requested for information on the following points for last 15 years:-
"a) Income tax being paid by the organization Hindustani Covenant Church Pune.
b) Income-tax being paid by Steven Charles David and his entire family.
c) Details of foreign contribution received by Hindustani Covenant Church."
2. CPIO had refused to disclose this information u/s 8(1)(e)&(i) of RTI Act, 2005, by his order of 17/11/2008. The Appellate Authority, by order dated 22/12/2008, had upheld the decision of CPIO.
3. Hence, the present Appeal.
4. The matter was heard on 11/05/2009. The Appellant did not appear before the Commission. The Public Authority is represented by the officer named above. In the Appeal, the Appellant has pleaded that disclosure of the information sought by him is in larger public interest. However, he is not before the Commission to convass his case. Even so, as regards para (a)&(b) of the RTI application, there is no harm if it is disclosed to the Appellant as to whether the concerned parties are Income Tax payees or not. The exact amount of income tax being paid by them over a period of time need not be disclosed on grounds of 'personal information'.
As regards para (c) of the RTI application, in my view, there is no harm, if it is disclosed to the Appellant the total amount of foreign contributions received by Hindustani Covenant Church, Pune, for the period for which information is available with the Public Authority.
232 RevSamsonBenjaminLankeswar VsITOPune 11 05 4 2 5/11/2009 3:44:54 Deepak DECISION
5. In view of the above discussion, the Appellant may be informed:-
(a) whether or not the Hindustani Covenant Church and Steven Charles David or any member of his family are paying income tax. The amount of income tax, if any, being paid by them need not be disclosed;
(b) year-wise foreign contributions received by Hindustani Covenant Church, Pune, may be disclosed to the Appellant for the period for which the information is available with the Public Authority.
6. The order of the Commission may be complied with in 04 weeks time.
7. The matter is disposed of accordingly.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Tele: 011 2671 73 53 Fax: 011 2610 62 76