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[Cites 5, Cited by 0]

Central Information Commission

Sushovan Maity vs Director General Of Income Tax ... on 21 October, 2025

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

File No: CIC/DGITS/A/2024/647121

SUSHOVAN MAITY                                   .....अपीलकता/Appellant

                                        VERSUS
                                         बनाम


CPIO,
ADIT, Directorate of Income Tax
(Systems), Aayakar Bhawan,
Vaishali, Sector-3, Ghaziabad,
Uttar Pradesh - 201010                           .... ितवादीगण /Respondent

Date of Hearing                     :    13.10.2025
Date of Decision                    :    17.10.2025

INFORMATION COMMISSIONER :               Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on            :    20.07.2024
CPIO replied on                     :    02.08.2024
First appeal filed on               :    08.08.2024
First Appellate Authority's order   :    29.08.2024
2nd Appeal/Complaint dated          :    23.10.2024

Information sought

:

1. The Appellant filed an (online) RTI application dated 20.07.2024 seeking the following information:
"With due respect wish to inform you that I have been intimated by the ITO Ward-38(1) Midnapur on 25.09.2023 that there is two PAN being No. "BNYPXXXXX" and "ILTPMXXXX" is lies in my name.
The photocopies of the email dated 25.09.2023 are attached and collectively marked as Annexure: P1-P2.
Page 1 of 7
I have requests to the ITO Ward-38(1) Midnapur to cancelled the PAN, because either the PAN hasn't been applied by me or the original copy/ any copy of PAN hasn't been delivered to me; the PAN has been shared by the ITO Ward-38(1) Midnapur on 25.09.2023, but the said authority has clearly intimated me to contact with the ITO Ward No-2(3) Alipurduar and ITO Ward No-27(1) Haldia.
Therefore, I have submitted an application on 02.01.2024 at the Office of the Pr.CIT (Siliguri), Pr.CCIT (WB & Sikkim), ITO Ward No-2(3) Alipurduar and ITO Ward-38(1) Midnapur with mentioned the description of grievances along with enclosed documents related to the matter towards wrongly issuance of PAN being No. "ILTPMXXXX" in my name, and also declared that any request related to the new PAN generation hasn't been submitted by me. It has been also requested to the above mentioned authorities to cancel the new generated PAN with issue of refund ₹1,000/- which was paid at the time of PAN-AADHAAR linking; but the active action hasn't been taken by the said personnel(s) of Income Tax Department, GOI.
The photocopies of the applications are alleched and collectively marked as Annexure: P3-P5.
Simultaneously, by submitting several requests related to my grievance at the office of Pr. CCIT (WB & Sikkim), Pr. CIT (Siliguri), ITO Ward No-2(3) Alipurduar, ITO Ward-38(1) Midnapur, ITO Ward No-27(1) Haldia on 19.12.2023, 29.12.2024, 05.01.2024, 08.01.2024, 11.01.2024, 09.02.2024, 09.04.2024, 24.04.2024, 06.06.2024, 10.06.2024, 13.06.2024, 19.06.2024, 26.06.2024, 08.07.2024, 19.07.2024 for sharing the information related to issuance of new PAN being No. "ILTPMXXXB"; but the information still not be provided to me.
Particulars of Information sought:
1. Whether any application has submitted against the issuance of new PAN being No. "ILTPM2322B"? If so, requested to kindly provide the information related to the application along with the application copy, acknowledgement number, date of the application, applicant details, payment details, etc.
2. Whether the application of issuance of PAN lids bee submitted online or offline whichever then it may be accepted and verified by the authorized service providers of Income Tax Department of Gol (UTI/NSDL)? if so, requested to kindly provide the information related to Page 2 of 7 the mode of the application (online/offline) along with the authorized service provider details to whom the application has been submitted and verified.
3. Whether the application hasn't been submitted at any stage; then how could the new PAN has been generated by the Income Tax Department? If so, requested to kindly directing your good office/ offices for conduct an investigation related to the matter and the report please be share after the completion of the said investigation."

2. The CPIO furnished a reply to the Appellant on 02.08.2024 stating as under:

"An Online RTI application, which was filed by Sh. Sushovan Maity, Village- Malipukur, PO AND PS-Sonarpur, Kolkata, West Bengal-700150 and received through online transfer vide registration no DGITS/R/E/24/00132 dated 20.07.2024 under RTI Act.
E-Mail was sent to the TCS Team for point no 01 to 03 with regard to furnishing of reply to the query raised in the RTI application. As per the reply received from TCS Team through its e-mail query is answered as under:-
1) We can only provide the following information, PAN is generated through Instant PAN facility, application date is 01-July-2023 and PAN Generation date is 01-July-2023.
2) Online request is received through -E-filling
3) Application is received through E-filling hence PAN is generated.

Further specific details may be gathered from the e-filing CPC-Bengaluru. RTI application is disposed of accordingly u/s 7 of the Right to Information Act 2005."

3. Being dissatisfied, the appellant filed a First Appeal dated 08.08.2024. The FAA vide its order dated 29.08.2024, held as under.

"An online disposal of the RTI application has been made on 02.08.2024 which is rightly answered by the CPIO. Issue raised in RTI application has already been answered while disposing the RTI application. (Copy of RTI application and online RTI disposal are attached herewith for your ready reference).
The above report is submitted in this case for your kind information."
Page 3 of 7

In view of the above facts, it is apparent that the RTI application has correctly been disposed with in time by the CPIO. Hence no further action is called for with regard to the issues raised in the aforementioned appeal.

Accordingly, the appeal of the appellant is disposed of."

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

5. A written submission dated 08.10.2025 (copy not marked to the Appellant) has been filed by Ms. Priyanka Kamble, DDIT(S)/CPIO is taken on record. Contents of the same are reproduced below for ready reference:

"2. In the instant case, the appellant ie. Sh. Sushovan Maity has filed an RTI application which was received through online transfer vide reg. No. DGITS/R/E/24/000132 on 20.07.2024.
The appellant ie. Sh. Sushovan Maity is in possession of two PANs:
BΝΥΡΜ5221K and ILTPM2322M. As per his claim, PAN: ILTPM2322M was wrongly issued to him and he had not made any application for issuance of any PAN apart from the PAN: BNYPM5221K. Therefore, the appellant had made request to cancel PAN: ILTPM2322M before competent authority.
3. In the said RTI application, the applicant has sought information related to PAN: ILTPM2322M on following points:
1. Whether any application has been submitted against the issuance of new PAN: "ILTPM2322M" If so, requested to kindly provide the information related to the application along with the application copy, acknowledgement no., date of application, applicant details, payment details etc. ii. Whether any application of issuance of the PAN has been submitted online or offline whichever then it may be accepted and verified by the authorised service providers of Income-tax Department of Gol(UTI/NSDL) If so, requested to kindly provider the information related to the mode of application (online/offline) along with the authorised service provider details to whom the application has been submitted and verified.

iii. Whether the application hasn't been submitted at any stage; then how could new PAN has been generated by the Income-tax Department? if so, requested to kindly directing your good office/offices for conduct an investigation related to the matter and the report please be shared after completion of the said investigation.

Page 4 of 7

4. After gathering information from the TCS team, the PIO has disposed the RTI application on 02.08.2024 and information was provided to the applicant. On perusal of the details provided by the TCS team, it is observed that: The PAN ILTPM2322M was generated on 01.07.2023 through instant PAN facility on request made by the applicant on e-filing portal. b. It is pertinent to mention here that only Aadhaar number of applicant is required for instant PAN generation on e-filing portal. The aforesaid information was provided to the applicant and it is also requested that in case of any other specific details required by the applicant, it may be gathered from the e-filing CPC-Bengaluru. In view of the above, the POI has provided all information which is in his possession and also advised applicant to contact e-filing CPC-Bengaluru, in case any further information required.

5. The applicant being aggrieved by the order passed by PIO, filed appeal before Addl. Director of Income-tax(S)-1(1), New Delhi (the First appellate authority) in this case on 08.08.2024. The First appellate authority vide order dated 29.08.2024 passed u/s 19(6) of the RTI, Act 2005 has disposed off the appeal of appellant endorsing the order passed by the PIO.

6. Further, the applicant being aggrieved by the order of First appellate authority has filed present appeal before the Central Information Commission.

Comments of POI:

In view of the above facts and circumstances of the case, it is submitted that the PIO has provided all information which is in his possession related to PAN: ILTPM2322M and also advised applicant to contact e-filing CPC- Bengaluru, in case any further information required. Further, as per details available on CBN, ITD Portal, the PAN: ILTPM2322M has now been de- activated as per request by the applicant. Hence, no further action in the matter is left at end of POI."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Ms. Priyanka Kamble, DDIT (S)-1(2)/CPIO present in person.
Page 5 of 7
6. Proof of having served a copy of Second Appeal on respondent while filing the same in CIC on 23.10.2024 is not available on record. The Respondent confirms non-service.
7. The Appellant vide email dated 07.10.2025 expressed his inability to participate in the hearing due to personal reasons and prayed the Commission either adjourn the hearing or decide the case on merits. A substantial time has already passed in listing this matter; therefore, the Commission deems it fit to decide the case on merits.
8. The Respondent by placing reliance on her averred written submission stated that pointwise along with relevant information as is available on records has already been provided to the Appellant which was further affirmed by the FAA while disposing the First Appeal.

Decision:

9. The Commission, after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records observes that as far as RTI application is concerned adequate reply in terms of the RTI Act has been provided by the Respondent earlier and also now vide written submission dated 09.10.2025 which is comprehensive and self-explanatory and is thus, upheld.
10. Nonetheless, in the spirit of the RTI Act, the Respondent is directed to provide a copy of her written submission dated 08.10.2025 along with enclosures, free of charge to the Appellant within one week of the date of receipt of this order.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 6 of 7 Copy To:

The FAA, JDIT, Directorate of Income Tax (Systems), Aayakar Bhawan, Vaishali, Sector-3, Ghaziabad, Uttar Pradesh-201010, Contact: 0120- 2818200, Email: [email protected] Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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