Central Information Commission
Smt. Raminder Kaur Hardev Singh Kohli vs Income Tax Department on 10 September, 2009
668 SmtraminderKaurHardevSinghKolhiVsITD 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/LS/A/2009/000668
Appellant: Smt. Raminder Kaur Hardev Singh Kohli
Public Authority: Income Tax Department
(through Shri Sobhan Kar, JCIT; &
Shri Anil K. Dang, ITO(CPIO))
Date of Hearing: 10/09/2009
Date of Decision: 10/09/2009
FACTS:-
By his letter of 27/01/2009, the Appellant had requested for copies of Income and Wealth Tax Returns of her father late Shri Sohan Singh Sethi. Shri B.R.R. Kumar, Addl.CIT, Range-23, Delhi, vide order dated 03/02/2009 had refused to disclose this information. On Appeal, Shri L.M. Jha, CIT, Delhi-XI, vide order dated 19/03/2009, had set aside the order of Addl. CIT, Range-33, on the technical ground that he, indeed, was the Appellate Authority and NOT CPIO and, therefore, he had exceeded his jurisdiction.
2. The present Appeal came up for hearing on 10/09/2009. The Appellant is represented by Hardev Singh Kohli. The public authority is represented by the officers named above. The fact stated hereinabove is admitted by the parties. The RTI application has not been decided by the proper CPIO and has, indeed, been decided by Shri B.R.R. Kumar, Addl. CIT, who was the Appellate Authority at that point of time. In this view of the matter, the order passed by CIT Delhi-XI which sets aside the order of Shri B.R.R. Kumar, is in order.
DECISION
3. In view of the above, the matter is remanded to Shri Anil K. Dang., ITO Ward- 33(3), New Delhi, with the direction to hear the matter afresh and decide on merits, in four weeks time. It is clarified that he will not be influenced by the decisions given by his seniors hithertofore Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Tele: 011 2671 73 53/Fax: 011 2610 62 76 Copy to:-(1) Smt. Raminder Kaur Hardev Singh Kohli, (2) Shri Anil K. Dang, 65 - D, Linking Road, Santa Cruz(West), Income Tax Officer, Ward 33(3), Mumbai-400054. C.R. Bldg., I.P. Estate, New Delhi-110002.
(3) The Addl. Commissioner of Income Tax (4) The Commissioner of Income Tax Delhi-XI & Range 33 & CPIO, C.R. Bldg., I.P. Estate, Appellate Authority, C.R. Bldg., I.P. Estate, New Delhi-110002. New Delhi-110002.