Central Information Commission
Aakash Goel vs Directorate Genenral Of Gst ... on 9 December, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DGSTI/A/2021/618167
Aakash Goel ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Directorate General of GST
Intelligence, RTI Cell, West Block-8,
Wing No. 6, 2nd Floor, R K Puram,
New Delhi-110066 .... ितवादीगण /Respondent
Date of Hearing : 06/12/2022
Date of Decision : 06/12/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 03/03/2021
CPIO replied on : 16/03/2021
First appeal filed on : 27/03/2021
First Appellate Authority order : 05/05/2021
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an online RTI application dated 03.03.2021 seeking the following information:
"Annexed as Page 1, Respondent ADG-DGGST Coimbatore Zone responding to CBOEC/E/2020/02453 dated 18-Jun-2020, stated that investigation culminating into SCN of value Rs 1.07 Crores against Coimbatore 1 Compressor Engineering Company Private Limited, was based on information provided by DGGST Headquarters dated 20-Aug-2019. Annexed on Page 2 is CBOEC/E/2019/02780 dated 16-May-2019 (3 months earlier than 20-Aug-2019), wherein respondent ADG-DGGST Headquarters states that the information is being shared with respective Jurisdictional Zonal Units. Very clearly marked therein is CBOEC/E/2018/02332 dated 28- Jun-2018, a 75 page document based evasion complaint by Aakash Goel against Coimbatore Compressor Engineering Company Private Limited. The very same Aakash Goel, also the RTI Applicant herein, requests replies to the following points-
a. Date of information received by DGGST Headquarters wrt evasion by Coimbatore Compressor Engineering Company Private Limited. b. Number of Pages received by DGGST Headquarters wrt evasion by Coimbatore Compressor Engineering Company Private Limited. c. Name of Documents received by DGGST Headquarters wrt evasion by Coimbatore Compressor Engineering Company Private Limited. d. Medium (in-person, email, cpgrams) used by person giving information to DGGST Headquarters wrt evasion by Coimbatore Compressor Engineering Company Private Limited.
e. Name of Person giving information to DGGST Headquarters wrt evasion by Coimbatore Compressor Engineering Company Private Limited."
The CPIO furnished a para wise reply and denied information to the appellant on 16.03.2021 under Section 8(1)(h) of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 27.03.2021. FAA's order dated 05.05.2021 held as under:-
"as per the OIA dated 26.04.2021"
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal stating as under:
"RTI was filed to bring out standard corruption in Tax Offices. Not following written down policy is also corruption as per Second Administrative Reforms Commission Report. Paying reward to informants giving pointed information wrt tax evasion is one such policy, viz not followed by tax offices as a routine. Applicant is one such informant which has helped report evasion in more than 20 plus cases.2
RTI filed related to 1 such evasion case unearthed by Applicant. Tax officers played volleyball between their Headquarter Office and Coimbatore Office to deny reward to the applicant in a matter where evasion of Rs 1.07 Cr was unearthed. CPIO flatly denied to provide the information. It can be seen that none of the points queried in RTI infringe anyone's secrecy or bring them in harm's way.
Appellate, acting as always, to protect CPIO, scheduled meetings on 12-Apr- 21 and 13-Apr-21, and despite online meeting requests, did not arrange the call. Annexed are the two attachments.
Appellate then disposed the Appeal without uploading the order. It has been over 18 days and no order has been received by post as well.
Kindly intervene and direct CPIO to furnish the requested information point- wise. Please take appropriate penal action against CPIO and Appellate for not following RTI Act in letter as well as spirit."
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Deepak Mangotra along with Gurpreet Singh, IO & Rep. of CPIO present through intra-video conference.
The Rep. of the CPIO invited the attention of the bench to the written submissions of the CPIO stating as under:
"Para 1 and 2: The appellant has taken up an issue pertaining to reward to informers. However; no such information was sought by him in his RTI application dated 03.03.2021.
Para 3: The CP10 vide reply dated 25.08.2021 has denied information under section 8(1)(h) of the RTI Act, 2005 as the case in under investigation. Investigation, in cases of tax evasion can be said to be over or complete, only after the final adjudication about the tax liability had been made: after the matter has gone through all the stages of appeals and revisions as well as a final decision about prosecuting or not prosecuting the person has been taken up by an appropriate competent authority. Thus, the said information falls within the purview of Section 8(1)(h) of the RTI Act, 2005.
Para 4: The appellant was given personal hearing on 12/13/15th April, 2021 by the First Appellate Authority. However, the appellant neither appeared on the said dates nor submitted any written submissions in this regard. Therefore, the RTI appeal was disposed off on ex-parte basis.3
Para 5: The 0.I-A., vide F No. 425/CE/04/RTI-Appeall2021 dated 26.04.2021 (DIN - 202104CC0000000530C9) was sent via post to the appellant. Sh. Aakash Geel, on his address 393, SI-S Flats, Ashok Vihar, Phase-4, Delhi-110052."
Decision:
The Commission based on a perusal of the facts on record and having considered the submissions of the CPIO does not find any infirmity in the reply provided to the Appellant. Further, in the absence of the Appellant to plead his case, the Commission finds no scope of relief to be ordered in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4