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[Cites 3, Cited by 0]

Central Information Commission

Shri Ramesh Madanlal Malpani vs Income Tax Deparment, Nasik on 16 September, 2009

717 Ramesh MadanlalMalpaniVsITDNasik 16 09 5                   1


                             CENTRAL INFORMATION COMMISSION
                      Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
                                     Appeal No. CIC/LS/A/2009/000717

Appellant:                                                      Shri Ramesh Madanlal Malpani

Public Authority:                                               Income Tax Deparment, Nasik
                                                                (through Dr. Kailash P. Gaikwad,
                                                                ACIT(HQ) Nasik)

Date of Hearing:                                                16/09/2009

Date of Decision:                                               16/09/2009

FACTS:-

By his letter of 028/12/2008, the appellant had sought information on eight paras relating to the personal details of Shri Kedar Nath Radha Krishan Daga of Malegaon viz. old and new PAN No.; date of issue of PAN Card; date of birth of said Daga; certified copies of his Income Tax Returns etc. The CPIO, vide order dated 22/01/2009, had refused to disclose this information u/s 8(1)(i) of the RTI Act. On Appeal, the Appellate Authority, vide order dated 16/03/2009, had upheld the decision of CPIO u/s 8(1)(j) of the RTI Act instead of under section 8(1)(i) of the RTI Act.

2. Hence, the present Appeal.

3. Heard on 16/09/2009. Appellant not present. The public authority is represented by the officer named above. I have carefully gone through the orders passed by the CPIO and the AA. Suffice to say that the issue of supply of information like ITRs etc. came up before a Full Bench of this Commission in Appeal No. CIC/AT/A/2008/00628 (Milap Choraria Vs. CBDT) and the Commission, vide its decision dated 15/06/2009, had held that ITRs are 'personal information' and exempted from disclosure u/s 8(1)(j) of the RTI Act. The same logic will apply to other personal information sought by the appellant. Further, the appellant is not before the Commission to establish that a larger public interest would be served in disclosure of the requested information. In this view of the mater, we find no justification for interfering with the decisions of CPIO and AA.

DECISION

4. In view of the above, the appeal has no merit and is dismissed.

Sd/-

(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.

(K.L. Das) Assistant Registrar Tele: 011 2671 73 53/Fax: 011 2610 62 76 Copy to:- (1) Shri Ramesh Madanlal Malpani (3)The Income Tax Officer Ward -1(2) & CPIO, Somwar Ward, Shivaji Road, Kendriya Rajaswa Bhawan, Malegon-423203 (Nasik). Gadkari Chowk, Old Agra Road, Nashik -422002.

(2) Dr Kailash P. Gaikwad, Addle. Commissioner of Income Tax(H.Q) Kendriya Rajaswa Bhawan, Gadkari Chowk, Old Agra Road, Nashik -422002.

717 Ramesh MadanlalMalpaniVsITDNasik 16 09 5 2