Central Information Commission
Shri S.P. Goyal vs Income Tax Officer-Xii(2)(1), Mumbai on 15 January, 2009
684SPGoyal151ITO 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/AT/A/2008/00684
Appellant: Shri S.P. Goyal
Public Authority: Income Tax Officer-XII(2)(1), Mumbai
(through Shri Suresh Kamble, ITO (CPIO))
Date of Hearing: 15/01/2009
Date of Decision: 15/01/2009
FACTS:-
By his letter of 17/01/2008, the Appellant had requested for information on the following four points:-
"1. Please fix date for inspection of the Assessment file of 1999-2000 of shri S.P. Goyal/Ms. Chirag Exports & Imports and also provide certified copy of noting sheets. Please provide the certified copy of letter th No.SPG/2005/dated 24 march, 2005 (copy enclosed marked Annedure "A") and inform that this letter is part of Assessment file.
2. If this letter No.SPG/2005/dated 24th March, 2005 enclosed herewith is not part of Assessment file please inform in which file this letter is filed by your department and get me inspection of this said file.
3. Please fix the date and time for the inspection of file relating to your letter dated 02/12/2005 of Chief Commissioner of Income Tax-VII & Commissioner of Income Tax-12 copies of which is enclosed herewith marked Annexure "B"&"C".
4. Please inform which is the final authority to take action if noting sheets are missing from the file as well as my letter No.SPG/2005/dated 24th March, 2005 copy enclosed as Annexure "A".
2. The CPIO had passed order dated 11/02/2008 in this regard wherein he had allowed inspection of the relevant files and also agreed to provide certified copies of the documents in regard to point No.1 above. However, as regards point No.2 above, the CPIO had taken the view that the information requested for by the Appellant did not fall in the ambit of section 2(f) of the RTI Act. As regards point 3 above, the CPIO had allowed inspection of the relevant files. As regards point 4 above, the CPIO had taken the line that it did not fall in the definition of information as defined u/s 2(f) of the RTI Act.
3. On Appeal, the Appellate Authority had upheld the decision of the CPIO vide order dated 18/03/2008.
684SPGoyal151ITO 24. The present Appeal has been filed against the order of the CPIO/Appellate Authority.
5. The matter was heard on 15/01/2009. The Appellant appeared before the Commission. The Public Authority is represented by the officer named above. It is the submission of the Appellant that even though the CPIO had allowed inspection of relevant files in regard to point No.1&3 above, he was not conveyed the date and time for carrying out this inspection which should have been fixed within a week or two from the date of the RTI application so that total information would have been available to him within 30 days. He also pleads against the order of CPIO and AA in respect of denial of information on the ground that the information sought by him does not fall in the ambit of word 'information' as defined in the RTI Act.
6. The information has been denied on point No. 1 above which, in my view, is not correct inasmuch as the Appellant is giving the number and date of the letter copy of which he is seeking. It was incorrect on the part of CPIO and the AA to have held that this information is no information. In fact, the document requested for by the Appellant falls in the definition of section 2(f) of RTI Act. In this view of the matter, it is held that the information has been wrongly denied to the Appellant. This would hold good in regard to point No.4 also.
DECISION
7. In view of the above discussion, Shri Suresh Kamble, CPIO, is hereby directed to check up his records and if the letter under reference, indeed, does exist in his records, a certified copy thereof may be supplied to the Appellant at the fee prescribed by the Central Government. In case it is not available in his records, he should inform the Appellant accordingly. Further, CPIO is also directed to allow inspection of records relating to point No.2&3 on 5th February, 2008 in the afternoon.
8. The matter is disposed of subject to the above directions.
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 684SPGoyal151ITO 3