Monday, April 9, 2012

CIC/LS/A/2009/001179 - Shri Virag R. Dhulia Vs Income Tax Department: Information into a TEP investigation needs to be communicated to the appellant and that it should be concluded in a reasonable time frame

                                 CENTRAL INFORMATION COMMISSION
                                   Room No. 308, B-Wing, August Kranti Bhawan,
                                      Bhikaji Cama Place, New Delhi-110066

                                            File No. CIC/LS/A/2009/001179


Appellant:            Shri Virag R. Dhulia
Public Authority:  Income Tax Deptt; Kolkata
                           (through : Sh. D.K. Kedia, ITO, Ward 34(3), Kolkata).

Date of hearing -   18.02.2010
Date of decision -  18.02.2010

Facts :- It appears that the appellant had filed a TEP against Shri Harish Goda. In this connection, he had sought information on the following 04 paras vide RTI application dated 6.6.2009 :-
“(i) Under which section was the notice issued to Mr. Harish Goda?
(ii) Please provide a copy of the notice issued to Mr. harish Goda for the said TEP?
(iii) Please provide a copy of acknowledgment of Mr. harish goda having received the notice.
(iv) Please provide the details about the current status of the inquiry.”

2. The CPIO had informed him vide letter dated 31.7.2009 that the investigation into the matter was continuing.

3. Aggrieved with this, the appellant has filed the present appeal.

4. Heard on 18.02.2010. Appellant not present. The Public Authority is represented by the officer named above. It is his say that the investigation in the TEP is still continuing and further action is to be taken by ITO, Ward 31(3), Kolkata.

5. It is to be noted that investigation into a TEP cannot be allowed to go on ad-infinitum and that it should be concluded in a reasonable time frame whereafter the broad outcome thereof needs to be communicated to the appellant i.e. whether the allegations made in the TEP are fully true, partially true or untrue. No further information needs to be disclosed at this stage.

DECISION

6. In view of the above, Income Tax Officer, Ward 31(3), 10 – B.C., Middleton Row, Kolkata-700017, is hereby directed to complete the investigation in next three months time and intimate the broad outcome thereof, as indicated herein above, to the appellant in three months time.

7. The appeal is disposed of subject to the above directions.

(M.L. Sharma)
Central Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.

(K.L. Das)
Assistant Registrar

Address :
1. The ITO Ward 34(3) & CPIO,
10-B.C., Middleton Row,
Kolkata-700017.
2. Shri Virag R. Dhulia,
203 KK towers, 6th Cross,
Balaji Layout Kaggadaspura,
CV Raman Nagar,
Bangalore-560093.

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