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Central Information Commission

Surendra Gupta vs Gnctd on 26 July, 2017

                     CENTRAL INFORMATION COMMISSION
                    August Kranti Bhawan, Bhikaji Cama Place,
                               New Delhi-110066

                                              F. No. CIC/SA/A/2016/002015


Date of Hearing                       :   26.06.2017
Date of Decision                      :   26.06.2017
Appellant/Complainant                 :   Surendra Gupta

Respondent                            :   Assistant Commissioner- RTI,
                                          Department of Trade& Taxes
                                          (Government of NCT of Delhi)

                                          Through:
                                          Shri    Neeta   Negi,    Asstt.
                                          Commissioner/ Dept of Trade &
                                          Taxes

Information Commissioner              :   Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on              :   15.01.2016
PIO replied on                        :   25-01-2016
First Appeal filed on                 :   02.02.2016
First Appellate Order on              :   19-04-2016
2nd Appeal/complaint filed on         :   -

 Information sought

and background of the case:

Vide RTI application dated 15-01-2016, the appellant sought information from Assistant Commissioner, Department of Trade & Taxes -

1) If the Registration Certificate be cancelled if any firm purchase the raw material in Delhi, and transfer the same quality, other partial job work, out of Delhi against Form F and file NIL sale return.

2) Will the form F be required to transfer the fabric out of Delhi if the VAT on the fabric is NIL?

3) Will the form F be required, if the VAT on fabric is NIL, and transferred out of Delhi, after the cutting the fabric?

The CPIO replied vide letter dated 25.01.2016 as under:-

1. Registration /Cancellation is done in terms of Section 18 and 22 of the DVAT Act, 2004.

2. The transfer of goods against F Forms is generated by Rule 12(5) of the CST Rules, 1957.

3. All this information are available in schedules of DVAT in public domain on department website (www.dvat.gov.in).

Being dissatisfied with the CPIO's reply, the appellant filed first appeal. The FAA upheld the CPIO's reply. Feeling aggrieved as dissatisfied, the appellant approached commission.

Relevant facts emerging during hearings:

The Commission is in receipt of a letter dated 11.07.2017 wherein he had sought leave to withdraw the present appeal. The letter is taken on record and the request is allowed.

Decision:

In view of the request of appellant, the present appeal is dismissed as withdrawn.

The appeal is disposed of accordingly.

(Yashovardhan Azad) Information Commissioner