Central Information Commission
Shri Devi Shankar Sharma vs Department Of Trade & Taxes, Gnctd on 18 December, 2008
CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00854, 981 & 982
Dated, the 18th December, 2008
Appellant : Shri Devi Shankar Sharma
Respondents : Department of Trade & Taxes, GNCTD
These three appeals came up for hearing on 18.12.2008. Both parties were present. Appellant was assisted by his Counsel, Shri M.P. Sharma. Respondents were represented by Shri Umesh Tyagi, Joint Commissioner, Shri B.P. Joshi, Addl. Commissioner, Shri Virender Singh, RTI-in-Charge, Zone-V and Shri V.K. Bansal, VATO (APIO).
2. Appellant's Counsel stated that the short requirement for information in these three second-appeals is in regard to the names of the partners of the Firm, viz. M/s.Royal Jewellers [sic], 2803/19, Beadonpura, Karol Bagh, New Delhi, the names of the respective fathers of the partners, and the addresses of the partners of that Firm.
3. Respondents stated that they have given a part of the Registration document filed by the Firm, M/s.Royal Jewellers before the Sales Tax Authorities in New Delhi. This, however, did not include the names and the other details of the partners as requested by the appellant. They cited a certain decision of the Commission in Appeal No.CIC/MA/A/2006/00050; Decision No. 30/IC(A)/06; Date of Decision: 20.04.2006 in support of their contention that the details regarding the partners of the Firm requested by the appellant did not merit disclosure.
4. The respondents' position is somewhat at variance with the disclosures in similar matters now made by the Department of Company Affairs, SEBI and so on. Names of the partners of Firms and Companies are routinely included in the balance-sheets of those Companies and Firms and are available in the public domain. It doesn't stand to reason that the names of the partners of a Firm and other details should be held confidential by the very authority which registers these firms for the purpose of determining their sales tax liabilities and to ensure its regular payment. A citizen has a right to know the names of the partners of such Firms, which are registered with the Department because it is in the citizen's interest that sales tax and other dues from such Firms, which includes their partners, is properly collected by the Department charged with that responsibility.
Page 1 of 25. After some discussion, the respondents agreed to provide to the appellant the details of the partners of the above-mentioned Firm as it is held by the respondents.
6. In view of the above, it is directed that the CPIO, within two weeks of the receipt of this order, shall provide to the appellant the names of the partners of the Firm, M/s.Royal Jewellers including other details such as the fathers' name of the partners, the partners' addresses, if it is in the control of the public authority.
7. Appeals disposed of with these directions.
8. Copy of this decision be sent to the parties.
( A.N. TIWARI ) INFORMATION COMMISSIONER Page 2 of 2