Central Information Commission
B Varun vs Chief Commissioner Of Customs And ... on 30 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/CECHZ/A/2023/121467
B Varun .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
The Deputy Commissioner,
Jeedimetla GST Division,
Range Qutbullapur, Plot No.16&21,
Aditya Towers, Sri Sai Enclave,
Near Checkpost, Bowenpally,
Hyderabad-500011. ....प्रनर्वािीगण /Respondent
Date of Hearing : 25.07.2024
Date of Decision : 30.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 13.12.2022
CPIO replied on : 22.07.2024
First appeal filed on : 28.01.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 09.05.2023
Information sought:
The Appellant filed an RTI application dated 13.12.2022 seeking the following information:
Certain information is required under RTI ACT. Information is required for the court case which is pending in X MM Court at Manoranjan Complex, Page 1 of 4 M.J Road, Nampally, Hyderabad with O.S Number's 2175 of 2022 and 2178 of 2022-Reg.
I B.Varun S/o.B.Indrasen Reddy R/o Hyderabad, I submit that to provide me the below information under the RTI ACT. As the information is required for the court case which is pending in X MM Court at Manoranjan Complex, M.J Road, Nampally, Hyderabad with O.S Number's 2175 of 2022 and 2178 of 2022:
a) Issue me the details Vide reference I" citied that is Xerox copies of invoice number's 7, 8,9 issued by Mahalakshmi Enterprises, P.No.E 14, Mahadevapura Layout, Gajularamaram Village, Quthbullapur, GSTIN/UIN: 36ABQFM7314J1ZT, State Name: Telangana, Code: 36.
Whether GST returns have been filed relating to the Same invoice number's 7, 8, 9.
b) Issue me the details Vide reference 1ª citied that is Xerox copies of invoice number's 7, 8, 9 issued by Mahalakshmi Enterprises, P.No.E 14, Mahadevapura Layout, Gajularamaram Village, Quthbullapur, GSTIN/UIN: 36ABQFM7314J1ZT, State Name: Telangana, Code: 36. Whether GST returns have been filed relating to thesame amounts mentioned in the invoice number's 7, 8, 9.
c) Issue me the details whether GST returns have been filed relating to Vide reference 2nd citied that is Xerox copies of Form GSTR-1, Year: 2021-22, Period: December of GSTIN: 36ABQFM7314J1ZT, Legal name of the registered person: Mahalakshmi Enterprises, Trade name: Mahalakshmi Enterprises.
d) Issue me the details whether GST returns have been filed relating to Vide reference 3rd cited that is Xerox copy of Form GSTR-3B, Year: 2021-22, Period: December of GSTIN: 36ABQFM7314J1ZT, Legal name of the registered person: Mahalakshmi Enterprises, Trade name: Mahalakshmi Enterprises.
e) Issue me the details whether GST returns have been filed relating to Vide reference 4th.
The CPIO furnished a reply to the Appellant on 22.07.2024 stating as under:
With reference to the above letter, it is submitted that the subject RTI application dated 13-12-2022 filed by the applicant Sri B.Varun, 34- 4531/A, Narayanguda, Hyderabad-500027 seeking information from the Deputy Commissioner, Division- Jeedimetla GST Division, Hyderabad has not been received by this office so far.
From the notice for hearing for appeal, it is observed that the date of First AA Order is not mentioned. During that stage also no application was received by this office. The undersigned is current incumbent to the Page 2 of 4 post and has joined the Jeedimetla Division on 01.07.2024. When the matter has come to my knowledge by your letter dated 08.07.2024 received by post on 19.07.2024, the information sought by the applicant vide RTI application dated 13-12-2022 will be furnished after due process of the provisions of the Section 11(1) of the RTI Act, 2005. Since the information sought by the applicant is related to be supplied by a third party, necessary notice is being given to the third party to whether to disclose the information or not.
The appellant filed a First Appeal dated 28.01.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Mohd. Qamaruddin Khan, Assistant Commissioner & CPIO present through Video-Conference.
Written submissions of the Respondent are taken on record.
The Respondent, during the hearing, apprised the Commission that no RTI application of the Appellant was received in their office. However, when the matter has come to his knowledge, the information sought by the applicant vide RTI application dated 13-12-2022 will be furnished after due process of the provisions of the Section 11(1) of the RTI Act, 2005. Since the information sought by the applicant is related to third party, necessary notice is being given to the third party asking whether to disclose the information or not.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant in his second appeal contended that information has not been provided to him by the Respondent. On the other hand, the Respondent contended that original RTI application and first appeal of the Appellant were not received in their office. They came to know about the present RTI Page 3 of 4 application after receipt of hearing notice from the Commission. The Respondent has informed that notice under Section 11 of the RTI Act was sent to the third party but updated status/response received from the third party is not informed to the Appellant and Commission.
In view of the above, the Respondent is directed to inform to the Appellant the updated status of the reply received in response to the notice sent to the third party, within a period of two weeks from the date of receipt of this order.
The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Central Tax, Medchal GST Commissionerate, III Floor, Medchal GST Bhavan, 11-4-649/B, Lakdikapul, Hyderabad-50 004.Page 4 of 4
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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