Central Information Commission
Shri Amrit Lal Agnihotri vs Income Tax Department on 25 January, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/001182
Appellant : Shri Amrit Lal Agnihotri
Public Authority : Income Tax Department
(through Ms Shumana Sen, JCIT, Range-48 & Shri
Nanak Chand, ITO)
Date of Hearing : 25.1.2010
Date of Decision : 25.1.2010
FACTS :
By his RTI application dated 1.3.2009, the appellant had sought information on 11 paras regarding Ms Namita Kapoor. The appellant had desired to know whether the Income Tax Department had made any investigation into his application dated 18.2.2009; and whether Ms Namita Kapoor had claimed benefit under HRA from FY 2004-05 onwards. Besides, he had also sought financial details about Ms Namita Kapoor.
2. The CPIO had responded to it vide letter dated 26.3.2009 stating that the matter was under investigation.
3. Aggrieved with the decision of CPIO, the appellant has filed the present appeal.
4. Heard on 25.1.2010. Appellant present along with his son Shri Deepak Agnihotri. The public authority is represented by the officers named above. Shri Deepak Agnihotri makes the following submissions :-
(i) that in File No. CIC/LS/A/2009/000667 Shri Nanak Chand, ITO Ward 48 (3), Delhi, had given an assurance to the Commission that the investigation into tax evasion complaint will be completed in 03 months time whereupon the Commission had directed him to disclose broad outcome of the investigation to the appellant. Even so, the period of 03 months has since expired but the outcome of investigation has not been intimated to him and thereby order of the Commission has not been complied with;
(ii) that he is not seeking copies of the ITRs of Ms Namita Kappor, he is only requesting for certain financial details about her. The Single Bench of Shri Shailesh Gandhi, Information Commissioner vide decision dated 14.12.2009 in File No. CIC/LS/A/2009/000647/SG has ordered disclosure of financial information about Escorts Ltd. Shri Rajan Nanda, Dr. Naresh Trihan etc for certain years and permitted inspection of records etc. Hence, as per the ratio of this decision, the information required by him is disclosable under the RTI Act.
(iii) that denial of information by CPIO and AA in the matter in hand is not consistent with the order dated 28.11.2008 passed by Shri Ashish Shukla, ITO, Ward-2, Aligarh vide which certain information was disclosed to him.
(iv) that Shri Ghanshaym Pandey, ITO, Ward-6(1), Lucknow vide order dated 6.8.2009 had disclosed financial information in another matter. He furnishes copies of the above orders which are taken on record.
5. Ms Shumana Sen would make the following submissions :-
(i) that the investigation into the matter in question has been completed but outcome of investigation has not been intimated to the appellant She assures the Commission that broad outcome of the investigation will be intimated to him in 02 weeks time.
(ii) that the order of the Five Members Bench in Milap Choraria case can not be overruled by the Single Bench headed by Shri Shailesh Gandhi, I.C. and, therefore, no reliance can be placed on the Single Bench order.
(iii) that she would require sometime to study the orders passed by the Income Tax Officers mentioned by the appellant for enabling her to take a legally correct view in the matter and ensuring consistency in the CPIO's orders.
DECISION
6. In view of the above, the following order is passed :-
(i) The matter is remanded to Ms Shumana Sen, Joint CIT, Range A8, New Delhi, to pass a speaking order in the matter in 06 weeks time taking into account the orders passed by the CPIOs referred to by the appellant; &
(ii) In the meanwhile, broad outcome of investigation regarding the appellant's tax evasion petition may be intimated to him in 02 weeks time.
7. The appellant will, however, be at liberty to move the Commission again, if he is dissatisfied with the decision of Joint, CIT, Range 48, New Delhi.
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 Address of parties :-
1. Ms Shumanan Sen JCIT, Range-48, Income Tax Department, Cannaught Place, Mayur Bhawan, New Delhi.
2. Shri Nanak Chand ITO, Ward-2, Income Tax Department, Aligarh, Civil Lines, Marris Road, Aligarh.
3. Shri Amrit Lal Agnihotri 95A Pocket GH-10, Sunder Apartments, Outer Ring Road, New Delhi-110087