Central Information Commission
Dr. Naveen vs Chief Commissioner Of Income Tax (Cca), ... on 13 September, 2024
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CCITB/A/2023/633242
CIC/CCITB/A/2023/655087
Dr. Naveen .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Income Tax officer Ward No. (1),
Hubli, Room No. 101. CR Building,
Navanagar, Hubli - 580025. .... ितवादीगण /Respondent
Date of Hearing : 10.09.2024
Date of Decision : 12.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above- mentioned Appeals have been clubbed together for disposal
through common order as these are based on identical RTI applications of the
same appellant.
CIC/CCITB/A/2023/633242
Relevant facts emerging from appeal:
RTI application filed on : 30.04.2023
CPIO replied on : 24.05.2023
First appeal filed on : 29.05.2023
First Appellate Authority's order : 26.06.2023
2nd Appeal/Complaint dated : 07.07.2023
Page 1 of 5
Information sought:
The Appellant filed an RTI application dated 30.04.2023 seeking the following information:
Kindly provide details of Form 26 AS and ITR returns details for last 3 years of my Wife Vijayalaxmi R Haveri bearing pan card number ANNPH4581P with Aadhar number xxxxxxxxx, as the required documents need to be submitted in the Honorable family court Haveri, for the impending Divorce and maintenance case.
Kindly forward the requested documents to above address and do needful or to honorable family court Haveri case number 17/2021 vijayalaxmi v/s Naveen The CPIO furnished a reply to the Appellant on 24.05.2023 and denied the information under Section 8(1)(j) of the RTI Act.
Being dissatisfied, the appellant filed a First Appeal dated 29.05.2023. The FAA vide its order dated 26.06.2023 upheld the reply of the CPIO with the following observations:
"...Further, since the third party i.e Smt. Vijayalaxmi R Haverihas also not given consent to furnish the above information pertaining to her to the appellant, the undersigned is of the opinion that the reply given by the CPIO & ITO, W-1(1), Hubballi that the information sought by the applicant pertains to 3rd party which is exempted as per the provision of section 8(1)(j) of the RTI Act, 2005 appears to be in order and requires no further directions."
CIC/CCITB/A/2023/655087 Relevant facts emerging from appeal:
RTI application filed on : 07.10.2023 CPIO replied on : 11.10.2023 First appeal filed on : 15.10.2023
First Appellate Authority's order : 08.11.2023 2nd Appeal/Complaint dated : 14.12.2023 Information sought:
The Appellant filed an RTI application dated 07.10.2023 seeking the following information:Page 2 of 5
"Kindly provide details of Net taxable income and Gross income details for the last 3 financial years (2020 to 2021, 2021 to 2022, 2022 to 2023) and financial year 2023 to 2024 till date (as applicable) of my Wife Vijayalaxmi R Haveri bearing pan card number xxxxxx with Aadhar number xxxxxxx, as the required documents need to be submitted in the honorable high court of Karnataka for the impending maintenance case. Kindly forward the requested documents to the above address and do needful or to the honorable High Court of Karnataka Dharwad Bench, case number RPFC-100123/2023. Shri. Naveen v/s Vijayalaxmi, at the earliest and do needful.
Herewith referring to a recent order from the Central Information Commission dated 27/09/2023 in the case of Yash Malhotra and CPIO, New Delhi, where the income details of the wife are asked to be disclosed to the husband. quoting the same order and attached a copy of the same for your reference. Details of the ongoing case at the Dharwad High Court of Karnataka too attached. So, I kindly request to provide both net taxable and gross income details of my wife as requested above till the current financial date (October 2023) as applicable."
The CPIO furnished a reply to the Appellant on 11.10.2023 stating as under:
The details called for by applicant Sri Naveen, are personal information and the same is refused as the Income particulars are held by the Department in fiduciary capacity. The information called for is of personal nature and providing the information to the applicant does not satisfy the larger public interest. Hence, the information cannot be provided as per section 8(i)(j) of the RTI Act 2005.
Being dissatisfied, the appellant filed a First Appeal dated 15.10.2023. The FAA vide its order dated 08.11.2023, held as under.
"In the case of Yash Malhotra (supra) relied upon by the appellant, the Hon'ble CIC has directed to provide the generic details of the net taxable income/gross income of the third party to the appellant. However, taking note of the fact that the CPC, Bengaluru has not accepted the CIC's decisions and has contested the same before the Hon'ble Karnataka High Court which have yet to attain finality and interim stay has been granted on the CIC's decision, also noting that the third party i.e. Smt. Vijayalaxmi R Haveri has expressly objected to providing information relating to her to the appellant and since this is a case of repetitive application/appeal on the same subject which has been earlier dismissed, the order of the Page 3 of 5 CPIO does not call for any interference at this stage and appeal filed by the appellant is therefore, dismissed."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeals.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Ms. Bhuvaneshwari Yallapurmath, ITO/CPIO present through video-conference.
Third Party: Ms. Vijayalaxmi R Haveri present through video-conference.
The Respondent submitted that the third party gave her written objection not to divulge her personal information with any person, therefore, information sought by the Appellant was denied under Section 8 (1)(j) of the RTI Act. However, she agreed to abide by the directions of the Commission.
Third party objected to disclosure of her income related details to the appellant because she is working as a contractual employee which is not a regular employment and her employment status may not remain the same since she is not a permanent employee.
Decision:
The Commission after adverting to the facts and circumstances of the case and in furtherance of hearing proceedings, directs the Respondent to ascertain Ms. Vijayalaxmi R Haveri is his legally wedded wife and there is a maintenance case/matrimonial case pending before the judicial Court. For said purpose, the Appellant is advised to submit complete litigation documents and other supportive documents before the Respondent Public Authority, within one week from the date of receipt of this order. On receipt of the same, the Respondent is directed to provide only the "generic details of the net taxable income/gross income" of Appellant's estranged wife for the period as mentioned in the RTI application, free of cost, within three weeks from the date of receipt of the documents from the Appellant.Page 4 of 5
The First Appellate Authority to ensure compliance of the directions.
So far as the objection of the third party is concerned the same cannot be accepted or denial of facts to the Ld. Family Court before which the third party gets an opportunity to file her objections and can inform her employment status at the relevant time to the Ld. Court concerned.
As regards the prayer of the Appellant for copy of 26AS and copy of entire ITR, the Commission agrees with the stand of the Respondent denying dislcosure of information under Section 8(1)(j) of the RTI Act, as it was in consonance with the provisions of the RTI Act.
With these directions, the instant appeals are 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 Copy To:
The FAA, Addl/Joint Commissioner of Income Tax, Hubli, Room No. 101. CR Building, Navanagar, Hubli - 580025.Page 5 of 5
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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