Central Information Commission
Mr.Jeevan Lal Kamal vs Cbdt on 9 May, 2011
1
Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/DS/A/2010/001779
Appellant /Complainant : Sh. Jeevan Lal Kamal,
Farrukhabad
Public Authority : Addl.Dir. of
IncomeTax(Inv.),Agra
(Shri Subir Chatterjee, CPIO
- through
Videoconferencing)
Date of Hearing : 09 May 2011
Date of Decision : 09 May 2011
Facts:
1. The applicant submitted RTI application dated 23 September 2009 before the CPIO, Office of Additional Dir of Income Tax (investigation), Agra, seeking information pertaining to action taken on his Tax Evasion Petition dated 11 July 2007 pertaining to thirdparty. Vide order dated 6 October 2009 the CPIO informed him that information sought by the appellant was denied as the office of DGIT (Investigation) was exempted from the purview of the RTI Act under section 24 read with Second Schedule of the Act.
2. Appellant preferred appeal dated 5 May 2010 before the First Appellate Authority who adjudicated on the matter vide FAA order dated 18 June 2010 by concurring with the CPIO. Appellant preferred second appeal before the Commission. The matter was heard today through videoconferencing. Respondent made submissions from Agra, while appellant was present at Farrukhabad. Respondent stated that he was under no obligation to furnish information on account of the reasons provided by the CPIO. He also stated that the report is sent to the assessing officer who takes action as per the law and decides on the tax liability of the assessee. Appellant stated that he Appeal : No. CIC/DS/A/2010/001779 2 had every right to receive information pertaining to the outcome of the TEP submitted by him.
Decision notice
3. After hearing both parties Commission accepts that undoubtedly the respondent is listed in second schedule of the RTI Act which read with section 24 keeps the organization out of the purview of the RTI Act. However in the Commission's view the appellant can be provided with information regarding whether the information provided by him to the respondent in his TEP was found to be true, partly true or false. Therefore without providing any other information to the appellant regarding the outcome of any action taken by the respondent on the TEP submitted by the appellant, information can be provided to the appellant limited only to whether through his TEP he had furnished information that was found to be true, partly true or false.
4. Information as above to be furnished within two weeks of receipt of the order.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Copy to:
1. Shri Jeevan Lal Kamal 1/34, LIC Avas Vikas Colony Farrukhabad
2. The CPIO Addl. Director of Income Tax (Investigation) Agra Aayakar Bhawan, Sanjay Place Agra282002
3. The Appellate Authority Director of Income Tax (Investigation) Appeal : No. CIC/DS/A/2010/001779 3 Kanpur, 16/63, Civil Lines, Kanpur.
Appeal : No. CIC/DS/A/2010/001779