Central Information Commission
Shri Shiv Kumar Garg vs Income Tax Department, Faizabad on 15 January, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/000785
Appellant : Shri Shiv Kumar Garg
Public Authority : Income Tax Department, Faizabad
(through Shri M.K. Shukla, ITO-II, Faizabad)
Date of Hearing : 15.1.2010
Date of Decision : 15.1.2010
FACTS :
By his RTI application dated 20.6.2008, the appellant had essentially requested for a copy of the balance-sheet and other financial details in respect of M/s Navshakti Electronic and Machinery Stores, Rekabganj, Faizabad. The CPIO had refused to disclose this information u/s 8 (1) (j) of the RTI Act vide his letter dated 14.7.2008. The Appellate Authority had affirmed the decision of CPIO vide order dated 26.8.2008 justifying non-disclosure of information not only under clause (j) but also under (d) of section 8 (1).
2. Hence, the present appeal.
3. Heard on 15.1.2010. Appellant not present. The public authority is represented by the officer named above. Shri Shukla is heard. He affirms the grounds taken by CPIO and AA in their respective orders. The information requested for by the appellant concerns the financial status of the company under reference. Clause (d) of section 8 (1) exempts disclosure of information relating to commercial confidence. Besides, clause (j) exempts disclosure of information which is personal in nature. Such type of information can be disclosed only when a larger public interest is established. The appellant has not appeared before the Commission to establish such larger public interest to justify the disclosure. Nor has he adduced any valid legal ground in the appeal memo filed before the Commission.
DECISION
4. In view of the above, the decisions of the CPIO/AA call for no interference. The appeal 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 Address of parties :-
1. Shri M.K. Shukla ITO-II, Income Tax Department, Faizabad, Uttar Pradesh
2. Shri Shiv Kumar Garg B-148, Sanjay Vihar, Meerut Road, Hapur-245101 Dist. Gaziabad (UP)