Central Information Commission
Tanuj Shah vs Directorate General Of Foreign Trade on 6 February, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DGOFT/A/2023/649369
Tanuj Shah .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Directorate General of Foreign
Trade Vanijya Bhawan, 'A' Wing,
16 Akbar Road, New Delhi - 110011 .... ितवादीगण /Respondent
Date of Hearing : 03.02.2025
Date of Decision : 06.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21.04.2023
CPIO replied on : 06.06.2023
First appeal filed on : 06.06.2023
First Appellate Authority's order : 22.03.2024
2nd Appeal/Complaint dated : Nil
Information sought:
The Appellant filed an RTI application (online) dated 21.04.2023 seeking the following information:
"Foreign exchange expenses to be deducted from Gross Foreign Exchange amount to calculate Net Foreign Exchange amount for claim of reward under the Service Exports from India Scheme. Specifically, with reference to the term "total expenses / remittances / payments of Page 1 of 7 foreign exchange" used in Para. 3.08 of Chapter 3 of the Foreign Trade Policy 2015-2020 ('FTP'). Kindly let me know and provide the following:
1. Any file notes, minutes of meeting, internal circulars and leers, emails, clarifications, correspondences, instructions, guidelines, orders, public notices, trade notifications, policy circular, consultation papers, public comments, other documents / records and leers when formulating or after formulating the SEIS under the FTP (which is designed to encourage export of notified services from India)
2. In respect of manner of computation of Net Foreign Exchange (with reference to total expenses / remittances / payments of foreign exchange, referred to in Para. 3.08 of the FTP) all documents, internal notes / le notes, minutes of meetings, clarifications, policy circulars, public notices, trade notifications, and other documents and records 3. For reducing total expenses / remittances / payments of foreign exchange in respect of a manufacturer and service provider, all documents, internal notes / le notes, minutes of meetings, clarifications, policy circulars, public notices, trade notifications, and other documents and records
4. Specifically, in respect of / with reference to Para. 3.08 of Chapter 3 of the FTP, any decision or order, review order, appeal order passed by any authority in the DGFT in respect of total expenses / remittances / payments of foreign exchange to be reduced from Gross Foreign Exchange amount."
The CPIO furnished a reply to the Appellant on 06.06.2023 stating as under:
"In reference to your application under the RTI Act 2005, as per the understanding of the undersigned, the inputs of Policy secon-3 (DGFT Hqrs.) for point 1 to 4 are as follows:
Definition of Net Foreign Exchange is equal to Gross Earnings of Foreign Exchange minus Total expenses / payment / remittances of Foreign Exchange by the IEC holder, relating to service sector in the Financial year.
It being a generalized definition of Net Foreign Exchange used in terms of service exporter and have been notified for the purpose of SEIS scheme notified in FTP 2015-2020."Page 2 of 7
Being dissatisfied, the appellant filed a First Appeal dated 06.06.2023. The FAA vide its order dated 22.03.2024 had held as under:
"Mr. Tanuj Shah having registered address at xxxxxxxxxxx, had filed an RTI applications under Right to Information Act 2005 for seeking Information for the period 2015 to Till Date regarding:
1. Any file notes, minutes of meeting, internal circulars and letters, emails, correspondences, clarifications, instructions, guidelines, orders, public notices, trade notifications, policy circular, consultation papers, public comments, other documents records and letters, when formulating or after formulating the SEIS under the FTP (which is designed to encourage export of notified services from India)
2. In respect of manner of computation of Net Foreign Exchange (with reference to total expenses /remittances / payments of foreign exchange, referred to in Para 3.08 of the FTP) all documents, internal notes file notes, minutes of meetings, clarifications, policy circulars, public notices, trade notifications, and other documents and records
3. For reducing total expenses / remittances/payments of foreign exchange in respect of a manufacturer and service provider, all documents, internal notes file notes, minutes of meetings, clarifications, policy circulars, public notices, trade notifications, and other documents and records
4. Specifically, in respect of/ with reference to Para. 3.08 of Chapter 3 of the FTP, any decision or order, review order, appeal order passed by any authority in the DGFT in respect of total expenses/remittances/payments of foreign exchange to be reduced from Gross Foreign Exchange amount.
B. REPLY OF RTI BY PIO:-
"In reference to an application under the RTI Act 2005, as per the understanding of the undersigned, the inputs of Policy section-3 (DGFT Hqrs) for point I to 4 was that the Definition of Net Foreign Exchange is equal to Gross Earnings of Foreign Exchange minus Total expenses/ payment/ remittances of Foreign Exchange by the IEC holder, relating to service sector in the financial year It being a generalized definition of Net Foreign Exchange used in terms of service exporter and have been notified for the purpose of SEIS scheme notified in FTP 2015-2020."
C. First Appeal under RTI;-
Page 3 of 7Not satisfied with the reply given by the CPIO, the Appellant has filed this appeal date 06.06.2023 on the grounds that information not provided by CPIO and has stated the following 1 The CPIO has merely reproduced the definition of the term Net Foreign exchange amount as specified in Para 3 08 of the Foreign Trade Policy 2015- 2020 which I was aware about. It was not asked for in the RTI application filed. Thus, no response has been provided to the points mentioned in the application.
2. The CPIO has not provided any reply and more importantly any information and documents in response to the points mentioned in the RTI application filed. Enclosed herewith is the RTI application, for your ready reference.
3. The response provided by the CPIO states that the definition of the term Net Foreign exchange amount is a generalized one. Clarity and details on the meaning of the term Net Foreign exchange amount is required, given that a generalized explanation was provided by the CPIO
4. In addition to the above, since the response to the RTL application did not provide any detail explain the meaning of the word Total, which is mentioned in the definition of the term Net Foreign exchange amount
5. As captioned in the RTI application, Kindly let me know and provide the following:
6. a. In respect of manner of computation of Net Foreign Exchange (with reference to total expenses/remittances / payments of foreign exchange, referred to in Para. 3.08 of the FTP) all documents, internal notes/ file notes, minutes of meetings, clarifications, policy circulars, public notices, trade notifications, and other documents and records b. For reducing total expenses remittances / payments of foreign exchange in respect of a manufacturer and service provider, all documents, internal notes/ file notes, minutes of meetings, clarifications, policy circulars, public notices, trade notifications, and other documents and records c. Specifically, in respect of with reference to Para. 3.08 of Chapter 3 of the FTP, any decision or order, review order, appeal order passed by any authority in the DGFT in respect of total expenses remittances payments of foreign exchange to be reduced from Gross Foreign Exchange amount Page 4 of 7 D. Observations of the First Appellate Authority I observe the following, on the various points raised by the appellant in the RTI appeal:
1. Para 3.08 (d) defines the Net Foreign Exchange earned which is Gross Earnings of Foreign Exchange minus Total expenses payment remittances of Foreign Exchange by the IEC holder, relating to service sector in the financial year Further para 3.08 (c) elaborates that if the IEC holder is a manufacturer of goods as well as service provider, then the foreign exchange earnings and total expenses payment remittances shall be taken into account for service sector only The relevant documents including the following Foreign Trade Policy:
Handbook of Procedures, Application form with its guidelines i.e. ANF 3B and As well as notifications, public notices & trade notices issued from time to time in the matter from the Directorate are available on website www.dgft.gov.in. There is no separate case made out by the applicant that why he himself cannot access and compile it 2 The request for the documents such as all internal notes file notes, minutes of meetings. clarifications, policy circulars, public notices, trade notifications, and other documents and records is vague, open ended and administratively infeasible. Further from the request under the RTI, it seems the applicant has sought legal opinion/interpretation of the PIO, however requisition of such requests clearly remains outside the ambit of the RTI.
3 It is pertinent to note here that a PIO is expected to provide information as defined under section 2(f) of the RTI Act and not answer the questions of the applicant. An information-seeker can't demand from a public authority its opinion or seek its advice in a matter of the petitioner's interest. A PIO is not expected to provide intangible such as interpretations, opinions, advices, explanations, reasons as they cannot be said to be included in the definition of information in Section 2 (f) of the RTI Act. This stand has been upheld in various court orders"
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 5 of 7Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Shri Deepak Jhalani, Dy. DGFT & FAA and Shri Munish Kumar, FTDO & CPIO present in person.
Written submissions of the Respondent are taken on record.
The Respondent while defending their case inter-alia submitted that vide their letters dated 06.06.2023 and 22.03.2024, they have provided complete point- wise reply/information, as per the documents available on their record to the Appellant. The Respondent reiterated that the FAA vide its order dated 22.03.2024 had given a comprehensive observation on the first appeal of the Appellant. The Respondent submitted that the Appellant has not served a copy of his second appeal to them.
Decision:
The Commission upon a perusal of records observes that the main premise of instant appeal was non-furnishing of complete information by the PIO. The Commission observes that complete point-wise reply/information as per the documents available on their record has already been provided to the Appellant as per his RTI application.
It is an admitted fact that the PIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant. The PIO can only provide information which is readily available in their records.
In this regard, the Commission finds no infirmity in the reply and the same was found to be in consonance with the provisions of RTI Act.
Further, the Appellant is not present to contest the submissions of the Respondent or to substantiate his claims further.
From the perusal of the records, it seems that the Appellant has not received the First Appellate Authority's order and written submissions of the Page 6 of 7 Respondent. In view of this, the Respondent is directed to again share a copy of FAA's order and a copy of their written submissions, along with all enclosures, within a period of two weeks from the date of receipt of this order.
No further intervention of the Commission is required in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Directorate General of Foreign Trade, Vanijya Bhawan, 'A' Wing, 16 Akbar Road, New Delhi - 110011 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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