Surender Kumar Jain vs Punjab National Bank on 13 March, 2023

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Central Information Commission

Surender Kumar Jain vs Punjab National Bank on 13 March, 2023

1. The issue under consideration arising out of the second appeal dated 12.02.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 15.10.2020 and first appeal dated 28.11.2020:-

(i) This is in response to form no. 16-A & Interest Certificate issued on 04.05.2019 & 12.07.2019 wherein no TDS deduction has been shown for the financial year 2018-2019 wherein as per Saving Bank Pass book an amount of Rs. 4217/- shown as TDS deduction on 21.04.2018 in respect of my FD *****5453 closed on that day and another Rs. 417/- TDS deducted shown on 06.12.2018 against FD ********1545: closed on that day.

(ii) An application was given on 16.07.2019 for issue of TDS certificate to Branch Manager Shri Amrik Singh personally which was acknowledged by him as the last Page 1 of 4 date for submitting of I.T. Return was very close 31.07.201. Since then in spite of his personal visits, no action has been taken.

2. Succinctly facts of the case are that the appellant filed an application dated 15.10.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, New Delhi, seeking aforesaid information. The CPIO vide letter dated 26.09.2022 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 28.11.2020. The First Appellate Authority (FAA)did not pass any order. Aggrieved by that, the appellant filed second appeal dated 12.02.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 12.02.2021 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 26.09.2022 and the same is reproduced as under:-

"TDS amount reported in passbook is consolidated TDS amount deducted during the tenure of FDs.

Details of TDS on FDR are as follows:

Financial Year **************109 (TDS *************5453 (TDS amount) amount) 2014-15 907 0 2015-16 894 0 2016-17 966 0 2017-18 1450 417 Total 4217 417 TDS amount mentioned above is reflecting in customer 26AS in respective financial years.

The FAA did not pass any order.

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5. The appellant and on behalf of the respondent Shri Jaseem Siddiqui, Asstt. General Manager (Law), Punjab National Bank, Delhi attended the hearing in person.

5.1. The appellant inter alia submitted that TDS had been deducted from his account for financial years 2014-15 onwards. However, the same was not reflected in his Form 26 AS. He insisted that it was evident from the Form 26 AS that the TDS had not been deposited by the bank with the IT Department.

5.2. The respondent while defending their case inter alia submitted that they had provided the details of deduction of TDS and it could be assumed that the same was deposited with the Income Tax Dept. Further, they assured to contact the concerned Branch and get the details of deposit with IT Dept.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the appellant claimed that the amount shown as TDS deduction had not been deposited in the Income Tax Department. On the other hand, the respondent claimed that they had deposited the amount reflected in 26 AS for the financial years 2014-15 to 2017-18. There appears to be contradiction in the submissions of both the parties and the respondent are directed that to re-look into the matter, in case, the amount deducted i.e. TDS was deposited with Income Tax Department as claimed by them, the information or certificate reflecting the deduction may be provided to the appellant, within three weeks from the date of receipt of this order. With these observations and directions, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 13.03.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Page 3 of 4 Addresses of the parties:

THE CPIO: PUNJAB NATIONAL BANK, HEAD OFFICE, LAW DIVISION, 3RD FLOOR, EAST WING, PLOT NO. 4, SECTOR-10, DWARKA, NEW DELHI - 110075 THE FIRST APPELLATE AUTHORITY PUNJAB NATIONAL BANK, HEAD OFFICE, LAW DIVISION, 3RD FLOOR, EAST WING, PLOT NO. 4, SECTOR-10, DWARKA, NEW DELHI - 110075 SH. SURENDER KUMAR JAIN Page 4 of 4

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