Central Information Commission
Ajesh Kumar vs National Anti-Profiteering ... on 15 January, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/NAPAA/A/2024/637358
Ajesh Kumar .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
National Anti Profiteering
Authority, 6th Floor, Tower 1,
Jeevan Bharti Building,
Connaught Place, New Delhi - 110001 .... ितवादीगण /Respondent
Date of Hearing : 15.01.2026
Date of Decision : 15.01.2026
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12.04.2024
CPIO replied on : 01.05.2024
First appeal filed on : 07.07.2024
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 23.08.2024
Information sought:
1. The Appellant filed an RTI application dated 12.04.2024 (offline) seeking the following information:
"Information under Right to Information Act 2005 Information Needed for Complaint by Mr. Ajesh Kumar and Savita Ahluwalia against Sobha Limited for over Charging GST @12% vis-à-vis prevailing rate of 5%.CIC/NAPAA/A/2024/637358 Page 1 of 9
1) Please refer Complaint on the above subject addressed to Standing Committee, National Antiprofiteering Authority and Directorate General of Anti-profiteering dated 27 Nov 2023 along with APAF-1 (Copy of Complaint & APAF-1 Enclosed)
2) Please inform the current status of the Complaint.
3) eIPO for Rs 10 is enclosed."
2. The CPIO furnished a reply to the Appellant on 01.05.2024 stating as under:
"On the subject cited under reference, it is intimated that the above said complaint has already taken up in 38th meeting dated 21.12.2023 of State Level Screening Committee and the same has been sent to Standing Committee for further necessary action. The findings of the complaint are reproduced as under:-
"Complaint against M/s Sobha Ltd. (Sobha International City), Sector- 106, 108 and 109, Gurugram by Sh. Ajesh Kumar and Smt. Savita Ahluwalia: In this case the complainant has complained against M/s M/s Sobha Ltd. (Sobha International City), Sector-106, 108 and 109, Gurugram on 27.11.2023. The complainant has alleged that the firm has charged GST @ 12% instead of 5% and charging excess GST at 7% to him. Findings: on perusal of documents it is observed that the project is non affordable project which attract GST @ 5% post 01.04.2019. The flat purchased/booked by the complainant flat was booked after 01.04.2019. So, the case is forwarded to standing committee for further inquiry/action into the matter."
This is for your information."
3. Being dissatisfied, the Appellant filed a First Appeal dated 07.07.2024. The FAA order is not on record.
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-CIC/NAPAA/A/2024/637358 Page 2 of 9
Appellant: Present in person.
Respondent: Shri Siddhartha Gupta, CPIO & Assistant Registrar; Shri Manoj Kumar, APIO/Assistant Commissioner; and Ms. Anita, GSTO (Law & Judicial), appeared in person.
5. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 23.08.2024 is not available on record. The Respondent confirmed non-service.
6. The Appellant inter alia submitted that the information furnished by the Respondent was incomplete, vague and evasive. He contended that despite filing the RTI application seeking information regarding the status of his complaint against M/s Sobha Limited for alleged overcharging of GST, the Respondent failed to provide clear and conclusive information as to the present stage of action taken on his complaint. The Appellant further submitted that mere intimation that the matter has been forwarded to the Standing Committee does not amount to complete disclosure under the RTI Act, and that he is entitled to be informed of the progress and outcome of the proceedings initiated on his complaint.
7. The Respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 14.01.2026 disclosing complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the Appellant. The relevant paras of the written submission are reproduced as under:
"1. Kind reference is invited to the Notice of Hearing for Appeal/Complaint Dated 29-Dec-2025 (received in this office on 01-Jan-2026) issued by the Deputy Registrar, Central Information Commission under F. No. CIC/NAPAA/A/2024/637358, on the above captioned subject.
2. In this matter, the chronology of events (Date Chart), as per the records available to this office is presented as under:
Sr.No. Date Sequence/Event Remarks
1 12-Apr-2024 An RTI application is filed by e-IPO
Shri Ajesh Kumar, Lt. Col (Retd.) No. 493504122410753 (hereinafter referred to as the CIC/NAPAA/A/2024/637358 Page 3 of 9 applicant) to the CPIO, National Anti-Profiteering Authority. (Exhibit-1) 2 16-Apr-2024 The aforesaid RTI dated 12-04- National Anti-
2024 was transferred by Shri Profiteering Authority Praveen, CPIO/Superintendent, was subsumed into the Competition Commission of Competition of vide India (erstwhile National Anti- 23/2022-Central Tax Profiteering Authority) to the dated 23.11.2022 CPIOs of (i) State Screening w.e.f. Commission Committee, SGST Haryana, (ii) India Notification No. Standing Committee on Anti- 01-Dec-2022.
Profiteering and (iii) (Exhibit-3) Directorate General of Anti-
Profiteering under Section 6(3) of the RTI Act for furnishing information directly to the applicant, vide letter F. No. M/AP/42/RTI-II/2024- Sectt./412 (Exhibit-2) 3 30-Apr-2024 Reply submitted to the Applicant by Sh. Suneel Kumar, CPIO and Additional Assistant Director, DGAP. (Exhibit-4) 4 01-May-2024 Reply submitted to the applicant by the Additional Excise and Taxation Commissioner, SGST, State Screening Committee on Anti-
Profiteering stating that the case is forwarded to the Standing Committee for further inquiry on the basis of the Minutes of the 38th Meeting of the State Level Screening Committee for Anti-
Profiteering, Panchkula dated 21.12.2023. (Exhibit-5) 5 07-June-2024 2nd RTI was filed by the e-IPO No. applicant vide Email addressed 382606072410387 to the CPIOs, Competition Commission of India (erstwhile National Anti-Profiteering CIC/NAPAA/A/2024/637358 Page 4 of 9 Authority); State Screening Committee, SGST, Haryana;
Directorate General of Anti-
Profiteering inquiring the present status of the complaint made by him. (Exhibit-6) 6 11-June-2024 The aforesaid RTI dated 07- June-2024 was transferred by Shri Praveen, CPIO/Superintendent, Competition Commission of India (erstwhile National Anti-
Profiteering Authority) to the CPIOs of (i) State Screening Committee, SGST Haryana, (ii) Standing Committee on Anti-
Profiteering and (iii) Directorate General of Anti-
Profiteering under Section 6(3) of the RTI Act for furnishing information directly to the applicant, vide letter F. No. M/AP/42/RTI-II/2024- Sectt./525. (Exhibit-7) 7 25-June-2024 An email was forwarded to the Copy of the said email State Screening Committee, is attached. SGST, Haryana and Standing (Exhibit-8) Committee on Anti Profiteering by the CPIO, Anti-Profiteering Division, Competition Commission of India, under intimation to the applicant.
8 05-July-2024 The applicant sent an email to Copy of the said email the Competition Commission of is attached. India (erstwhile National Anti- (Exhibit-8) Profiteering Authority) to advise standing committee and DG Anti-Profiteering to respond on the current status of the complaint.
9 08-Aug-2024 The applicant forwarded an Copy of the said email email addressed to the is attached. Appellate Authority to inform (Exhibit-9) CIC/NAPAA/A/2024/637358 Page 5 of 9 current status of the said complaint, however no appeal was enclosed.
10 08-Aug-2024 An email was again forwarded Copy of the said email to the State Screening is attached. Committee, SGST, Haryana and (Exhibit-9) Directorate General of Anti-
Profiteering by the CPIO, Anti-
Profiteering Division,
Competition Commission of
India, under intimation to the
applicant.
11 23-Aug-2024 The applicant preferred an
appeal before the Hon'ble
Information Commissioner,
Central Information
Commission, New Delhi. (Copy
Enclosed)
3. The Central Government vide Notification No. 18/2024-Central Tax dated 30-Sep-2024, with effect from 01-October-2024 (Exhibit-10), empowered the Principal Bench of GST Appellate Tribunal to take up the matters related to the Anti-Profiteering erstwhile held by the National Anti-Profiteering Authority and Competition Commission of India. The details of the present CPIO and Appellate Authority for the Principal Bench of GST Appellate Tribunal under Section 4(1)(b) and Section 5(1) of the RTI Act, 2005 are tabled below: (Copy of the Office-Orders Enclosed as Exhibit-11) Sr. Name Designated As With effect No. from
1. Shri Siddhartha Gupta, Assistant CPIO 16-July-2025 Registrar, Pr. Bench, GSTAT
2. Shri Saurav Suman Shardool, First Appellate 01-April-2025.
Registrar, GSTAT Authority
4. Is pertinent to mention that the applicant filed another RTI application dated 17-July-2025 with the CPIO of the Pr. Bench, GSTAT, to which the reply was provided to him vide letter F. No. M/AP/42/RTI-II/2024-Sectt. (Part-III)/871-872 dated 23-July-2025 (Copy enclosed).CIC/NAPAA/A/2024/637358 Page 6 of 9
5. Further, the Directorate General of Anti-Profiteering had submitted their Investigation Report to the GST Appellate Tribunal on 21.08.2025. The quorum was available in the GSTAT since 03-Sep-2025 and the bench has heard/is hearing the matter on 17.10.2025, 14.11.2025, 10.12.2025, 23.12.2025 and 12.01.2026. The applicant has represented/is representing the matter before the bench on the aforesaid hearings. The matter is listed for next hearing on 06-Feb-2026.
6. Above are the written submissions by the Pr. Bench, GSTAT. Delay in written submissions may please be condoned on the grounds of collating records of the erstwhile National Anti-Profiteering Authority subsumed in Competition Commission of India with effect from 01-Dec-2022, presently taken over by the Pr. Bench, GSTAT w.e.f. 01-October-2024."
Decision:
8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the Appellant was present during the hearing and reiterated his grievance that the information provided by the Respondent was incomplete and evasive.
9. The Commission, however, observes from the record that the Respondent had furnished a categorical reply to the RTI application dated 12.04.2024, informing the Appellant about the status of his complaint as it was obtaining on the date of reply including the fact that the matter had already been considered by the State Level Screening Committee in its 38th meeting held on 21.12.2023 and thereafter forwarded to the Standing Committee for further inquiry/action. The relevant findings of the Screening Committee were also duly communicated to the Appellant.
10. The Commission further takes note of the detailed written submissions filed by the Respondent, wherein the entire chronology of events has been placed on record, demonstrating that the Appellant has been periodically informed about the status of his complaint by various authorities, including the Directorate General of Anti-Profiteering and the State Screening Committee. It is also evident that subsequent developments, including transfer of jurisdiction and pendency of the matter before the Principal Bench of the GST Appellate Tribunal, have been duly communicated to the Appellant and that the Appellant is actively pursuing the matter there.
CIC/NAPAA/A/2024/637358 Page 7 of 911. It is a settled position under the RTI Act, 2005 that the PIO is required to provide only such information as is held and available with the Public Authority on the date of receipt of the RTI application. The RTI Act does not cast any obligation upon the PIO to furnish progressive, successive, or future updates contingent upon movement of files or subsequent developments. The mandate of the statute is confined to supply of existing records, and not to create information or to keep the applicant informed of later events. The Appellant is always at liberty to file fresh RTI applications to obtain subsequent and/or latest status in the matter.
12. The Commission is of the considered view that the information sought by the Appellant essentially relates to the status of proceedings, which has already been made available to him.
13. In view of the above, the Commission finds no infirmity in the reply furnished by the Respondent and holds that the same is in conformity with the provisions of the RTI Act, 2005.
14. It is further noted that the matter has reached the Appellate Tribunal for the GST matters wherein the Appellant is contesting the same. No further intervention of the Commission is warranted in the matter.
The appeal is dismissed accordingly.
Sd/-
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Sd/-
(S. Anantharaman) Dy. Registrar 011- 26181927 Date CIC/NAPAA/A/2024/637358 Page 8 of 9 Copy To:
The FAA, National Anti Profiteering Authority, 6th Floor, Tower 1, Jeevan Bharti Building, Connaught Place, New Delhi - 110001 CIC/NAPAA/A/2024/637358 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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