Central Information Commission
Ganesh Lal Jain vs Directorate General Of Foreign Trade on 29 March, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DGOFT/A/2021/602794
Ganesh Lal Jain ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Director General of Foreign
Trade, RTI Cell, Udyog Bhawan,
H-Wing, Gate No. 2, Maulana
Azad Road, New Delhi - 110011. .... ितवादीगण /Respondent
Date of Hearing : 08/03/2022
Date of Decision : 28/03/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 09/07/2020
CPIO replied on : 22/07/2020
First appeal filed on : 03/01/2021
First Appellate Authority order : 05/01/2021
2nd Appeal/Complaint dated : Nil
Information sought:
The Appellant filed an online RTI application dated 09.07.2020 seeking the following information:1
"If there is a Data Feed for all items which are imported into India (Customs).
How can I access all the data about what all was imported into India, at what prices, what was the duty on it, who was the importer etc. I want to access this information electronically."
The CPIO informed the appellant on 22.07.2020 stating as under :
".....export-import data commodity-wise, country-wise is freely available for the public on the website http://commerce-gov.in/EIDB.aspx."
Being dissatisfied, the appellant filed a First Appeal dated 03.01.2021. FAA's order dated 05.01.2021 stated as follows:-
"It is informed that Trade data is processed from database on the basis of ITC-HS Code. The Commodity-wise and Country-wise export/import data is available in terms of quantity and value and directly extracted from the Department of Commerce website. The Link is http://tradestat.commerce.gov.in/eidb/default.asp. It is stated that the exporters-wise data are not disseminated to anyone in order to maintain the commercial confidentiality of the individual information as per the Data Dissemination Policy, and as such the same is not disseminated even in response to any RTI queries or information sought by the Houses of Parliament. Further, such data sourced from the bills of entry maintained by CBIC, Department of Revenue, are compiled and disseminated at aggregate level only for statistical purpose and, as per the Collection of Statistics Act 2008, individual information should not be used for any other purpose.
It is also mentioned that the subject import duty does not fall under my work allocation. Regarding import duty currently applicable on import is forwarded to the concern FAA through e-mail for reply directly to you."
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal on the ground that the information provided by the CPIO does not contain records/ information of the amount of duty paid and name of importers.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Represented by his son Yogesh Jain present through audio-conference.2
Respondent: S. K. Rawat, Statistical Officer & CPIO along with Manoj Kumar, Director (Statistics) & FAA present through audio-conference.
The Rep. of Appellant at the outset informed the Commission about the sudden demise of his father i.e. the Appellant and stated that the latter had sought the information for accessing digitally the total imports of all the items into the country, importer wise and the total duty paid towards the imports. He expressed his dissatisfaction with the fact that the CPIO has failed to furnish the relevant inputs concerning the statistical data on amount of duty paid and names of the importers .
The CPIO relied on his written submission dated 03.03.2022 wherein while reiterating the averred reply and FAA's order, he mentioned as under -
".....b)The importers/exporters-wise data are not disseminated to anyone in order to maintain the commercial confidentiality of the individual information as per the Data Dissemination Policy, and as such the same is not disseminated even in response to any RTI queries (copy of decision of CIC is attached) or information sought by the Houses of Parliament. Further, such data sourced from the bills of entry maintained by CBIC, Department of Revenue, are compiled and disseminated at aggregate level only for statistical purpose and, as per the Collection of Statistics Act 2008, individual information should not be used for any other purpose.
c) Regarding import duty, it is stated that the subject does not fall under my work allocation. The application had been forwarded to the concerned import section of DGFT through email on 05-01-2021 (copy enclosed). Import Division, DGFT suggested that import duty is dealing with Customs, Department of Revenue.
Accordingly, the same had been forwarded to Shri Raghvendra Singh Kushwah, CPIO & Under Secretary, Department of Revenue, Email: RS.KUSHWAH(//),NIC.IN, [email protected] with copy to the RTI applicant on 05-01-2021 though email (copy enclosed) and request to provide the requisite information to the applicant directly."
To a query from the Commission, the CPIO explained that prior to 2016 such statistical data importer wise used to be made public by the Department of Revenue/ Customs, however said record holder has also now stopped the extant practice of divulging the details of importers owing to Commercial confidentiality entailed in divulging such information. He further apprised the Commission that the Rep. of Appellant may approach the Customs office i.e the actual record holder to get the desired information.
3The Rep. of Appellant interjected and contested the CPIO's contentions to state that he was not aware of the factum of actual custodian of information sought therefore, he had initially filed an RTI Application on the same issue with PMO office which further transferred it to the Customs and Excise office. In addition to it, the Rep. of Appellant narrated his general grievance that being an NRI citizen ; he was unable to seek information under RTI Act from the public authorities in India on account of an embargo placed through Section 3 of RTI Act.
Decision:
The Commission upon a perusal of records and after hearing submissions of both the parties at great length finds no infirmity in the reply and further clarifications provided by the CPIO now as it adequately suffices the information sought by the Appellant as per the provisions of RTI Act.
ADVISORY A pertinent issue emanating from the instant case seeking clarifications on various policy matters of DGFT regarding maintenance of statistical data on import/export commodity wise and importer wise which involves transparency and larger public interest; is in the best interest of Director General of Foreign Trade to explore the viability of introducing and/or keep updating its website wherein the commodity wise data of import/export as most commonly sought for clarifications can be identified and relevant information in that regard can be placed in the public domain in keeping with the letter and spirit of suomotu disclosures prescribed under Section 4 of the RTI Act. This will also relieve the public authority from the burden of RTI Applications which are filed for merely seeking clarifications and not any specific record.
In pursuance of the aforesaid advisory, the CPIO is directed to place a copy of this order before their competent authority for taking appropriate action.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 4 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5