Dr. Rajesha G. vs Chief Commissioner Of Income Tax (Cca), ... on 14 January, 2021

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Central Information Commission

Dr. Rajesha G. vs Chief Commissioner Of Income Tax (Cca), ... on 14 January, 2021

Bench: Neeraj Kumar Gupta

                             के   ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग,मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No. CIC/CCITB/A/2019/640023

Dr. Rajesha G.                                             ... अपीलकता/Appellant

                                    VERSUS
                                     बनाम
CPIO                                                      ... ितवादी /Respondent
O/o. the Income Tax Officer, Ward
No.2, Mandya, Karnataka

Relevant dates emerging from the appeal:

RTI : 04-01-2019            FA    : 22-02-2019          SA       : 08-05-2019

CPIO : 08-02-2019           FAO : 08-04-2019            Hearing : 07-01-2021

                                    ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), O/o. The Income Tax Officer, Mandya seeking following information:-

1. "Kindly provide the status and/or level of progress of Tax Evasion Petition case of Mr. Venkatesh T.

2. Kindly provide the information on whether income shown by Mr. Venkatesh T is above or below the amount claimed in expenditure of Domestic violence complaint (Approximately total expenditure of Rs. 25 lakh) during 2014-15 financial years."

2. The CPIO responded on 08-02-2019. The appellant filed the first appeal dated 22-02-2019 which was disposed of by the first appellate authority on 08-04- 2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Page 1 of 2

Hearing:

3. The appellant, Dr. Rajesha G attended the hearing through audio conferencing. Ms. Hema Raj Shekhar participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

4. The appellant limited his submissions on supplying the broad outcome of his TEP filed against Mr. Venkatesh T.

5. The respondent claimed exemption u/Section 8(1)(j) of the RTI Act, 2005 on the premise that the appellant is seeking investigation details of Mr. Venkatesh T which is personal in nature.

Decision:

6. This Commission observes that the exemption claimed by the respondent u/Section 8(1)(j) of the RTI Act, 2005 is not tenable in disclosing the broad outcome of the TEP filed by the appellant. Accordingly, the CPIO is directed to provide the broad outcome of the TEP filed by the appellant, without divulging the personal details of the assessee, within a period of 30 working days from the date of receipt of this order.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.


                                                              नीरज कु मार गु ा)
                                         Neeraj Kumar Gupta (नीरज            ा
                                                                  सूचना आयु )
                                       Information Commissioner (सू
                                                      दनांक / Date 07-01-2021
Authenticated true copy
(अिभ मािणत स यािपत  ित)

S. C. Sharma (एस. सी. शमा),Dy. Registrar (उप-पंजीयक),(011-26105682) Addresses of the parties:

1. CPIO O/o. the Income Tax Officer, Ward No. 2 RTI Cell, Cauvery Park Road, Mandya Karnataka-571401

2. Dr. Rajesha G. Page 2 of 2

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