Central Information Commission
Mrnikhil Kumar Singh vs Cbdt on 10 December, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/RM/A/2014/002654/BS/9202
10 December 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. Nikhil Kumar Singh,
R/o - Pushpa Palace, 'B' Area,
Mithapur, Patna - 800001
Respondent : CPIO / Income Tax Officer (Hq.)(E)
Income Tax Department
O/o of the Director of Income Tax(Exemptions),
26th Floor, E - 2, Block Pratyakash kar Bhawan,
Dr. S.P.Mukherjee Civic Centre, Delhi
RTI application filed on : 26/12/2013
PIO replied on : 05/02/2014
First appeal filed on : 08/01/2014
First Appellate Authority order : 21/03/2014
Second Appeal dated : 23/01/2014
Information sought:
The appellant has sought the information pertaining to entity DAV College Trust & Management Society. He wants the documents relied upon for granting exemption u/s 80G to DAV College trust & Management Society vide order dated 17/08/2006. Provide the documents relied upon for making fixed deposit of Rs. 20,00,00,000/- in DAV Public School, Cant Road, Khagol. Also provide information regarding payment of salary to Sh. Uma Shankar Prasad, Headmaster. And provide information regarding filing of return by several entities rum under DAV College Trust & Management Society.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Mr. Rajesh Kumar CPIO The appellant was given an opportunity to participate in the hearing but he is absent. The CPIO stated that the appellant in his RTI application dated 26/12/2013 had sought information regarding income tax matters of DAV College Trust & Management Society and they had carried out the process as outlined under Section 11 of the RTI Act, however, the assessee strongly objected to the disclosure. He further stated that the FAA has passed a detailed speaking order on 21/03/2014 holding that information relating to income tax returns of third party is exempted from disclosure under Section 8(1)(j) of the RTI Act.Page 1 of 2
Decision notice:
Information relating to income tax return/assessment proceedings of an assessee cannot be disclosed to third party unless the CPIO is satisfied that larger public interest justifies the disclosure of such information. The appellant has not availed the opportunity to appear before the Commission to demonstrate that the disclosure of the information asked for by him is in larger public interest. It being so, there is no need to interfere with the respondent's decision.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2