22 August 2008
[My client has the PAN number of her husband. Whether she can get the information from Income Tax Dept. under RTI ACT regarding IT Returns filed by her husband in the prev. fin. years? Whether PAN number is sufficient for the said purpose?]
This querry was asked by me before sometime & as suggested by the hon'ble expert members I made it.
The CPIO, Chennai has given a decision that due to personal information, it can't be provided. It is further provided that the decision may be appealed U/s 19.
Pls suggest whether wife is really a third party in eyes of law? Whether wife can't access the knowledge of her husband's income as no public interest is involved.
23 August 2008
Dear Sir, As far as I think, the information needed by you is a personal info and that is not covered by the RTI act. RTI only covers works procedures etc of any state or its undertaking or organisation which gets substantially fundede by the govt. here you are not asking for any info which is of public nature but its just an info which relates to person only. But I suppose we are however entitled to seek the returns of our spouse without invoking RTI act.
23 August 2008
Dear Sanajy Dixit, I would like to request you to go through recent decision of CIC in the case of Ms. Anumeha Vs.Chief Commissioner of Income Tax-XI and Ors.Decided On: 29.04.2008. Though, the case pertains to IT returns of political parties, CIC elaborately discussed certain issues. One observation with regard to furnishing IT returns to third parties in the judgement is as follows:
"The Commission has been consistently holding that the Income Tax Returns and other details concerning an assessee are not to be disclosed unless warranted by requirements of public purpose. (Mrs. Shobha R. Arora v. Income Tax, Mumbai Appeal No. CIC/MA/A/2006/00220; Decision No. 119/IC(A)/2006; Date of Decision:14.7.2006) and Ms. Neeru Bajaj v. Income Tax (Appeal Nos. CIC/AT/A/2006/00644 & CIC/AT/A/2006/00646; Date of Decision 21.2.2007)"
As far as wife is concerned, you yourself has given the answer, that she is a third party, since she does not have a joint PAN. (In law it is not possible, i suppose, unlike a joint bank account))