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Central Information Commission

Mr.Kartikey Agarwal vs Cbse on 1 April, 2013

                CENTRAL INFORMATION COMMISSION
                      Club Building (Near Post Office)
                    Old JNU Campus, New Delhi-110067
                           Tel: +91-11-26105682


                    File No.CIC/DS/A/2012/000283/RM


Appellant:                      Shri Kartikey Agarwal, Bangalore


Public Authority:               DCIO, Circle 12(2) & Addl. Commissioner
                                of IT, Range-12, Bangalore


Date of Hearing:                01.04.2013


Date of decision:               01.04.2013



Heard today, dated 01.04.2013 through video conferencing.

Appellant is present.

The Public Authority is represented by Shri M.K.Biju, DC IT, Circle 12(2)
Bangalore.

FACTS

Vide RTI dt 27.6.11, the appellant had sought EOU Balance Sheet and P/L account details of M/s. Natural Remedies for the period 2004-2010.

2. CPIO vide letter dt 15.7.11 informed the appellant that as the information related to a third party their views were sought. The third party objected to disclosure of the information as it would affect the competitive and commercial nature of the business of the Company and that litigation was pending between the Company and the applicant before the High Court of Karnataka. The information was denied u/s 8(1) (e) of the RTI Act.

3. An appeal was filed on 10.8.11.

4. AA vide order dt 9.9.11 upheld the decision of the CPIO.

5. Submissions made by the appellant and public authority were heard. The CPIO submitted that the documents sought by the appellant i.e. the balance sheet and profit and loss statement are part of Income Tax returns which has been held to be exempt from disclosure by the Supreme Court in the case of Girish Ramchandra Deshpande. The appellant submitted that the CPIO has not followed procedures and that the information sought by him was in larger public interest. In response to a query from the Commission, the appellant submitted that he was involved in a litigation with the said company.

DECISION

6. The Hon'ble Supreme Court in the case of Girish Ramchandra Deshpande Vs. CIC has held that Income Tax Returns are personal information exempt from disclosure u/s 8(1)(j) of the RTI Act unless a larger public interest is involved. In the light of the decision of the Hon'ble Supreme Court, the Commission concurs with the decision of the CPIO/AA.

The appeal is disposed of.

Sd/-

(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to :

The DCIT & CPIO (RTI Cell) O/o the Dy. Commissioner of Income Tax Circle -12(2), 4th Floor, No.14/3, Rastrothana Bhawan,(Opp.RBI), Nrupathunga Road, Bangalore -01.

The ACIT & First Appellate Authority O/o the Addl. Commissioner of Income Tax Range -12,Room No.405, 4th Floor No.14/3, Rastrothana Bhawan,(Opp.RBI), Nrupathunga Road, Bangalore -01.

Shri. Kartikey Agarwal A-17, Estate Club, Hoskur Road, Off Hosur Road, Behind APMC Fruit Market Bangalore -560099.

(Raghubir Singh) Deputy Registrar .04.2013 3