Central Information Commission
Mr.Jose Rapheal Manjaprakaren vs Cbdt on 11 October, 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/2011/000356
Appellant /Complainant : Sh. Jose Raphael
Manjapraklaren,Valsad
Public Authority : Income Tax Department,
Valsad
(Sh. Shaurya S. Shukla -
through video
Conferencing)
Date of Hearing : 11 October 2011
Date of Decision : 11 October 2011
Facts:
1. Appellant submitted RTI application dated 15 July 2010 before the CPIO, office of the Commissioner of Income Tax,Valsad to seek information pertaining to Income Tax raid conducted in the house of the appellant and his wife Smt Sonal Jose Raphael - enclosed herewith as Annexure A.
2. CPIO forwarded point 'f 'to the additional Commissioner of Income Tax, Valsad. 3. Vide Order dated 26 July 2010, appellant was informed that information as sought under points 'a -e ' was held by DGIT (investigation) which organisation is exempted under the RTI Act. The ITO (Ward - 4), Valsad informed by this letter of 20 August 2010, that action had been taken as per section 11 of the Act and the thirdparty had denied consent for disclosure of requested information which was personal to her.
4. Appellant preferred appeal dated 28 August 2010 before the first appellate authority.
5. Matter was disposed of vide FAA order dated 23 September 2010 vide which appellant was informed that the thirdparty had file returns for AY - 2009 - 10 and for earlier years no return had been filed by her. Also that there was no complaint against the Appeal : No. CIC/DS/A/2011/000356 2 thirdparty and that no raid by the Income Tax Department had been conducted on the appellant or the thirdparty.
6. Appellant moved the Commission in second appeal. Matter was heard today. Respondent representing DG IT ( Inv) was present as above at Valsad and made submissions via videoconferencing. Appellant did not appear. Respondent stated that his organisation was listed in the Second Schedule of the RTI Act which read with section 24, listedexempted Organizations.
Decision notice
7. Commission has, after perusing the facts on record and hearing the averments of the respondent, concluded that there is no further obligation of disclosure by the respondent and that all information as held by them has already been provided to the appellant. Appeal is dismissed.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Jose Raphael Manjaprakaren Plot No. 6, Satyam Society Mission Colony, Halar Road Valsad396001(Gujarat)
2. The CPIO Dy.Director of Income Tax (Inv.) Aashish Building, Opp: GEB (Old RTO) Madanwad, Valsad396001 (Gujarat)
3. The Appellate Authority Director of Income Tax (Inv.) Aashish Building, Opp: GEB (Old RTO) Appeal : No. CIC/DS/A/2011/000356 3 Madanwad, Valsad396001 (Gujarat) Appeal : No. CIC/DS/A/2011/000356