Central Information Commission
Mrkrishan Pal vs Cbdt on 23 May, 2016
CENTRAL INFORMATION COMMISSION
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File No. CIC/CC/A/2014/002046/BS/10393
23 May 2016
Relevant Facts emerging from the Appeal:
Appellant : Mr. Krishan Pal,
Vill - Manglapur,
Post - Pipra, Via - Thuthiwari,
Dist - Maharajganj - 273305
Respondent : CPIO / ITO
Income Tax Department
O/o ITO,
Bhagwan Mahavir Marg, Near Shiv Murti,
Badaut, Bagpat - 250611.
RTI application filed on : 09/09/2014
PIO replied on : 17/09/2014
First appeal filed on : 22/09/2014
First Appellate Authority order : 28/10/2014
Second Appeal dated : 06/11/2014
Information sought:
The appellant has sought the details of the ITR filed by the following during the year 2005 to 2014:
1. Sh. Ramkumar Verma S/o Sh. Brahmjeet Verma, R/o H No. 232, Thana- Khekra, Near Aarya Samaj Mandir Khekra, Distt- Baghpat (UP)
2. Sh. Brijnandan S/o Sh. Ramkumar Verma R/o H No. 232, Thana- Khekra, Near Aarya Samaj Mandir Khekra, Distt- Baghpat (UP)
3. Smt. Sunita Verma D/o Sh. Ramkumar Verma R/o H No. 232, Thana- Khekra, Near Aarya Samaj Mandir Khekra, Distt- Baghpat (UP)
4. Sh. Rajkinandan S/o Sh. Ramkumar Verma R/o H No. 232, Thana- Khekra, Near Aarya Samaj Mandir Khekra, Distt- Baghpat (UP)
5. Smt. Snehlata Verma D/o Sh. Ramkumar Verma R/o H No. 232, Thana- Khekra, Near Aarya Samaj Mandir Khekra, Distt- Baghpat (UP) 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. N P Tiwari CPIO through VC 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 9/9/2014 had sought copies of income tax returns of 5 assessees and vide letter dated 17/9/2014 it was intimated to him that the Page 1 of 2 information relates to third party, is personal in nature and is exempted from disclosure under Section 8(1)(j) of the RTI Act.
Decision notice:
The Hon'ble Supreme Court in the matter of Girish Ramchandra Deshpande [decision dated 03/10/2012 - SLP(C) No. 27734 of 2012] has held that information relating to income tax return of an assessee is "personal information" which stands exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, 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