Central Information Commission
Mr. Kondamuri Sri Hari Kusuma Kumar vs Commercial Taxes Department on 18 November, 2008
CENTRAL INFORMATION COMMISSION
Appeal No.3054/ICPB/2008
F. No. PBA/2008/00515
November 18, 2008
In the matter of Right to Information Act, 2005 - Section
[Hearing at Puducherry on 31.10.2008 at 5.45 p.m]
Appellant: Mr. Kondamuri Sri Hari Kusuma Kumar
Public authority: Commercial Taxes Department
Mr. O. Purushothaman, Asst. Commissioner & CPIO
Mr. M. Raje Saker, Commissioner & Appellate Authority
Parties Present: For Respondent:
Mr. O. Purushothaman, Asst. Commissioner & CPIO
Mr. R. Elaugaran, Law Officer
Mr. B. Aroumagam, ASTO
Mr. K. Sriharikusuma Kumar-Appellant
Mr. A. Tirumala Rao
FACTS:
The appellant has sought information under RTI Act by his letter dated 21.1.2008 addressed to the PIO, Commercial Tax Department, Pondicherry regarding various details of the whole sale dealers in biscuits/confectionary/soft drinks in Yanam region. The Commercial Tax Officer (CT)-cum-PIO by his letter dated 4.2.2008 has denied the information sought under section 8(1)(d), (e) and
(j) of the RTI Act as well as under PVAT Act, 2007. Not satisfied with this reply, the appellant preferred an appeal before the first AA on 11.2.2008 and the first AA has disposed of this appeal vide his speaking order dated 7.3.2008 and reiterated the decision of the PIO. Aggrieved with this decision, the appellant preferred this appeal before the Commission on 12.4.2008. Comments were called for from the public authority. This case was taken up for hearing on 31.10.2008, which was attended by the appellant accompanied by his friend. The Commercial Tax Department was represented by its Assistant Commissioner and other officials.
DECISION:
2. I have gone through the RTI application and other replies received in this connection. During the hearing the PIO has brought to the notice of the Commission a decision made in Appeal No.2134/ICPB/2008 in F.No. PBA/07/1369 dated 10.6.2008, wherein the appeal has been dismissed holding the information sought is related to third party information. Though the appellant 1 has contended that he is seeking this information on public interest, I do not find any such interest, especially when the appellants are also in similar kind of business and there is an element of vested interest as a competitor. Hence, the information sought squarely falls within the exempt category of information under RTI Act. Still if the appellant feels some parties are not paying tax properly, he can choose to file complaint with the Assistant Commissioner (Audit and Intelligence), Commercial Taxes Department, 100 ft. Road, Puducherry. The PIO has stated that if any such complaint is filed they will definitely conduct inspection and file case in the Magistrate Court. In these lines, the appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian) Central Information Commissioner Authenticated true copy :
(Prem Singh Sagar) Under Secretary & Assistant Registrar Address of parties :
1. Mr. O. Purushothaman, Asst. Commissioner & CPIO, Commercial Taxes Department, 100, Feet Road, Elaipillaichavady, Puducherry-605005
2. Mr. M. Raje Saker, Commissioner & Appellate Authority, Commercial Taxes Department, 100, Feet Road, Elaipillaichavady, Puducherry-605005
3. Mr. Kondamuri Sri Hari Kusuma Kumar, Np-7-1-009, Pydikondala Street, Yanam-533464 2