CENTRAL INFORMATION COMMISSION
…..
F.No.CIC/AT/A/2008/00268
Dated, the 16th July, 2008.
Appellant: Shri Badri Verma
Respondents: Income Tax Department
This matter came up for hearing on 10.07.2008 pursuant to Commission’s hearing notice dated 12.05.2008. Appellant was present through his representative, Shri Bhagat Singh Chouhan, while the respondents were represented by Ms.Pomela B. Prasad.
2. Through his RTI-application dated 19.07.2007, appellant had asked for three items of information, two of which related to disclosure of a third-party’s Income Tax Returns and the volume of taxes paid by the third-party between the years 2004 and 2007. But the first part of the query was about the status of the tax-evasion petition filed by the appellant in respect of that third-party which has been named here as Mr.Sandip Chopra and his firms.
3. Although it has been the decision of the Commission that income tax-related details of assessees should not be disclosed through RTI-proceedings, the matters related to tax-evasion petitions can, in certain circumstances, be considered for disclosure. In the Commission’s view in a majority of cases of the tax-evasion petitions, the petitioner is entitled to receive the status at any given time about the processing of that tax-evasion petition. The present appellant seems to be a tax-evasion petitioner vis-à-vis the Income Tax Department.
4. Commission would expect that the department closely analyses as to whether the requested information about the status of tax-evasion petition ― apparently filed by the appellant ― be disclosed to him.
5. Appeal is accordingly remitted back to the Appellate Authority, Shri S.P.Singh, Chief Commissioner of Income Tax, Indore, with the direction that after giving a hearing to the appellant, he will decide whether the information requested regarding the tax-evasion petition be disclosed to the appellant including a determination about whether the petitioner qualifies to be a ‘tax-evasion petitioner’. The Appellate Authority may decide this matter within four weeks from the date of the receipt of this order.
6. Appeal is accordingly disposed of.
7. Copy of this decision be sent to the parties.
Sd/-
(A.N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
…..
F.No.CIC/AT/A/2008/00268
Dated, the 16th July, 2008.
Appellant: Shri Badri Verma
Respondents: Income Tax Department
This matter came up for hearing on 10.07.2008 pursuant to Commission’s hearing notice dated 12.05.2008. Appellant was present through his representative, Shri Bhagat Singh Chouhan, while the respondents were represented by Ms.Pomela B. Prasad.
2. Through his RTI-application dated 19.07.2007, appellant had asked for three items of information, two of which related to disclosure of a third-party’s Income Tax Returns and the volume of taxes paid by the third-party between the years 2004 and 2007. But the first part of the query was about the status of the tax-evasion petition filed by the appellant in respect of that third-party which has been named here as Mr.Sandip Chopra and his firms.
3. Although it has been the decision of the Commission that income tax-related details of assessees should not be disclosed through RTI-proceedings, the matters related to tax-evasion petitions can, in certain circumstances, be considered for disclosure. In the Commission’s view in a majority of cases of the tax-evasion petitions, the petitioner is entitled to receive the status at any given time about the processing of that tax-evasion petition. The present appellant seems to be a tax-evasion petitioner vis-à-vis the Income Tax Department.
4. Commission would expect that the department closely analyses as to whether the requested information about the status of tax-evasion petition ― apparently filed by the appellant ― be disclosed to him.
5. Appeal is accordingly remitted back to the Appellate Authority, Shri S.P.Singh, Chief Commissioner of Income Tax, Indore, with the direction that after giving a hearing to the appellant, he will decide whether the information requested regarding the tax-evasion petition be disclosed to the appellant including a determination about whether the petitioner qualifies to be a ‘tax-evasion petitioner’. The Appellate Authority may decide this matter within four weeks from the date of the receipt of this order.
6. Appeal is accordingly disposed of.
7. Copy of this decision be sent to the parties.
Sd/-
(A.N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
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