Central Information Commission
Sheetal vs Pr. Chief Commissioner Of Income Tax ... on 14 January, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CCITD/A/2024/122352
Sheetal .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Asst. Director of Income
Tax(Inv.)-III, 3rd Floor,
HSIIDC Building, 4th Floor,
Udyog Vihar, Phase - V,
Gurugram - 122016 .... ितवादीगण /Respondent
Date of Hearing : 13.01.2026
Date of Decision : 13.01.2026
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.03.2024
CPIO replied on : 25.04.2024
First appeal filed on : 07.05.2024
First Appellate Authority's order : 05.06.2024
2nd Appeal/Complaint dated : 23.06.2024
Information sought:
1. The Appellant filed an RTI application dated 11.03.2024 (offline) seeking the following information:CIC/CCITD/A/2024/122352 Page 1 of 6
"I have come to know that my husband Mr. Sandeep Kumar, PAN Number: AXEPKxxxxx, Resident of ***, Vishnu Garden, Bajghera Road, Gurgaon, Haryana, PIN-122001 having income but not filing ITR.
1. Please provide information about his Income as per the records of the Income Tax Department.
(i) Total income during financial year 2021-2022 Rs TDS deducted
(ii) Total income during the financial year 2022-2023 Rs.
TDS deducted
2. Please also advise the name of the institution from which he is receiving the amount of income 3 Please furnish the details of bank accounts of Mr. Sandeep Kumar to which the income amount is credited
3. Please furnish the copy of ITR since 2018"
2. The CPIO furnished a reply to the Appellant on 25.04.2024 stating as under:
"In this regard, as per notification no. 235(E) dated 27.03.2008 published in Gazette of India, Ministry of Personnel, Public Grievances& Pension (Department of Personne land Training) New Delhi; Director General of Income Tax (Inv.) has been exempted from RTI Act, 2005. Accordingly, this office working under the administrative control of DGIT (Inv.) is exempt from furnishing the information under the RTI Act, 2005."
3. Being dissatisfied, the Appellant filed a First Appeal dated 07.05.2024. The FAA vide its order dated 05.06.2024, held as under:
"With regards to the information sought by the applicant, I concur with the order passed under RTI Act, 2005 by CPIO i.e. Jt.DIT (Inv.) Unit -3, Gurugram dated 25.04.2024.
The O/o Addl. Director of Income Tax (Inv.), Gurugram is under the administrative control of Director General of Income Tax (Inv.), which is exempt from furnishing information under RTI Act as per the notification no. 235(E) dated 27-03-2008 published in Gazette of India, Ministry of CIC/CCITD/A/2024/122352 Page 2 of 6 Personnel, Public Grievance and Pension (Department of Personnel and Training), New Delhi.
Accordingly, the first appeal of the applicant is rejected and hence may be treated as disposed of."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Absent
5. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 23.06.2024 is not available on record.
6. Both the parties remained absent despite notice.
7. Shri Ankit Singh Rajput/CPIO has filed a detailed written submissions dated 09.01.2026 disclosing complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the Appellant. The relevant paras of the written submission are reproduced as under:
Application for seeking information under RTI Act, 2005 was filed by Sheetal D/o Puran Mal Chaudhary R/o H. No. ****Sector **-A, Gurgaon which was received in this office at 26.03.2025 requesting for providing information about her husband Mr. Sandeep having PAN *******1C about the total income, bank accounts, name of institutions for where he was receiving income and copies of ITRs.
The order u/s 7(1) of the RTI Act, 2005 was passed from this office in response to the application filed by Sheetal on 25.04.2024 as under:CIC/CCITD/A/2024/122352 Page 3 of 6
""... 2. In this regard, as per notification no. 235 (E) dated 27.03.2008 published in Gazette of India, Ministry of Personnel, Public Grievances & Pension (Department of Personnel and Training) New Delhi: Director General of Income Tax (Inv.) has been exempted from RTI Act, 2005. Accordingly, this office working under the administrative control of DGIT (Inv.) is exempt from furnishing the information under the RTI Act, 2005. 3.Ifthe applicant is not satisfied with the above reply. applicant may file further appeal against the instant order before the first appellate authority i.e. Addl. Director of Income Tax (Inv.) Gurugram, 3rd Floor, HSIIDC Building, Udyog Vihar, Phase-V, Gurugram within 30 Days of receipt of this order.... "
2) First appeal was filed by Sheetal against the order passed on 25.04.2024 before the Addl. Director of Income Tax (Inv), Gurugram. The Addl. Director of Income Tax (Inv), Gurugram passed orders 19(1) of the RTI Act, 2005 on 15.06.2025, the relevant extract of the same is as under:"
"..With regards to the information sought by the applicant, I conc° with the order passed under RT1Act, 2005 by CPIO i.e. JI. DIT (Inv) Unit -3, Gurugram dated 25.04.2024. The (Oo Addl. Director of Income Tax (Inv.), Gurugram is under the administrative control of Director General of Income Tax (Inv.), which is exempt from furnishing information under RTI Act as per the notification no. 235(E) dated 27-03-2008 published in Gazette of India, Ministry of Personnel, Public Grievance and Pension (Department of Personnel and Training), New Delhi.
Accordingly, the first appeal of the applicant is rejected and hence may be treated as disposed of..."
3) In the view of the above, this office is exempted for furnishing the information as per the notification no. 235(E) dated 27-03-2008 published in Gazette of India, the same is already communicated to the application filer viz. Sheetal. Thus, it is requested that this reply may be treated as final for the purposes of the present proceedings, and the matter may accordingly be taken up for final disposal, if considered appropriate."
CIC/CCITD/A/2024/122352 Page 4 of 6Decision:
8. The Commission after adverting to the facts and circumstances of the case and perusal of the records, notes that the information sought by the Appellant pertains to income tax records, bank account details and copies of Income Tax Returns of a third party, her husband namely Mr. Sandeep Kumar.
The Respondent has consistently taken the stand that the office of the Director General of Income Tax (Investigation) and its subordinate offices are exempt from the provisions of the RTI Act, 2005 in terms of Notification No. 235(E) dated 27.03.2008, issued by the Government of India. The said position has also been upheld by the First Appellate Authority.
9. On perusal of the records and the written submissions dated 09.01.2026 filed by the CPIO, the Commission finds that the reply furnished to the Appellant is in accordance with the provisions of the RTI Act and the applicable exemption notification. No infirmity is found in the action of the Respondent warranting interference by the Commission.
10. However, the Commission takes note of the fact that the CPIO failed to appear before the Commission during the hearing despite due notice. Such non-appearance reflects a casual approach towards the proceedings of the Commission and is not appreciated. Shri Ankit Singh Rajput/CPIO is hereby cautioned to remain present in future hearings or make appropriate arrangements for representation, failing which adverse view may be taken. In view of the above, the Commission finds no merit in the appeal.
The appeal is dismissed accordingly.
Sd/-
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Sd/-
(S. Anantharaman) Dy. Registrar 011- 26181927 Date CIC/CCITD/A/2024/122352 Page 5 of 6 Copy To:
The FAA Addl. Director of Income Tax (Inv.), 3rd Floor, HSIIDC Building, 4th Floor, Udyog Vihar, Phase- V, Gurugram - 122016 CIC/CCITD/A/2024/122352 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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