Income Tax Return of Wife


Dear Sir,
 
Is it possible to obtain the Income Tax Return filed by wife during last 5 yrs period through RTI or any other means ?
 
My RTI application has been declined by the CPIO stating that the Income Tax Office contacted my wife to know if these information can be provided to me. My wife replied in writing & objected that the information pertaining to her Income Tax Return etc. should not be provided to me.
 
Kindly suggest how should I move ahead. Also let me know if there are any favouring precedence in terms of Judgments / Court Orders / Central Information Commission Decisions, wherein it was held that Income Tax Return of Wife can be provided to Husband.
 
My details are given below. Pl. feel free to call / let me know if I could be of any help anytime from my end.
 
Awaiting your guidance to proceed further,
 
Vishal Indurkhya
C/o Dr. Raja's Diagnostics
1104, Andherdeo
Jabalpur - 482 002
Madhya Pradesh, INDIA
Phone - 0761 - 2652487
Mobile - [0] 94252-13300
E-mail - vishalindu@gmail.com
 
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Medical Value Travel

@ Vishal change pic to modern era, we r no more going to get re-married soon now that 2 dozen cases on our heads :-) 

However Sir, PM jokes apart here are my say;

1.  The most favourable CIC ruling is that of Sh Shailesh Gandhi in in Rakesh Kumar Gupta Vs. Escorts Hospital

Basing above ruling which you can find in CIC Decisions webpage link now, it is possible to get ITR of wife and while filing an appeal by you now quote above decision with below held your work will be done in appeal stage. Held: “Information provided by an assessee to the department for purposes of income tax assessment is information disclosed in relation to a public activity and, therefore… section 8(1)(j) is inapplicable in the present case.

2. Since we are talking here of moving ahead then PIO can't summerarily dismiss a RTI without annexing Third Party Objections that he received. From your message it seems that you received one liner rejection of PIO now fire below shells on him

Que 1. kindly provide me certified copy of page of register containing and or showing diary dispatch number with  date through which the third party submission was asked/called for?

Que.2. Certified Copy of the letter dispatched to third party for making his / her submission?

Que.3. Certified copy of page of register containing and/or showing Diary register number through which third party submission was received.

Que.4. Certified copy of the submission document received from third party.

And after abv. questions in appeal application mention the below ruling

In case of U Vardaraya Nayak Vs. Commissioner of Income Tax, Bangalore dt. 25/06/2007 CIC Digest (Vol II) 1580 (383) Held: Objections filed by the Third Party should be made available to the Appellant. CPIO is not required to mechanically accept the third party's objection to disclosure of an information.

Rgds.
PS.: No spoon feeding on CIC decision on Escorts case please :-)))))))))
 

 
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In search of job

 

Good info provided by tusharcosmic, pasting it as advised by Dr. Arun Kumar for the member's convenience.


-Naresh

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RTI officials are hell-bent on  evading/delaying answers of  RTI application.

 So here are some suggestions so that they may not get such chances.

 

Write in your RTI application that you are seeking info under RTI act 2005, otherwise they may say that the info was not sought under RTI Act and waste you 30 days (Believe me even the replies which they could be given in a single day would be given on 29th/30th day only).

 

If you feel that PIO may demand more money for photocopies etc. then always send two applications --one with Rs.10/- and one with more than Rs.10/- say Rs. 40/50/100/-because if you send  application with Rs.10/- only PIO would waste your 30 days and ask you to deposit Rs.20/30/40 /-- for photocopies etc. and  if you send more than Rs. 10/- PIO may return you application after 30 days asking you to send Rs.10/- only and giving some reason ( reasonable or unreasonable/legal or illegal) that more than Rs.10/- can not deposited with RTI application. Hence the suggestion of sending an application with Rs.10/- and another with more than Rs.10/-.

.

If you are not 100% sure that to whom the postal order be addressed then send blank IPO but fill the column where sender’s name and address is to be written. Now postal clerk may resist that postal order be filled, explain him this clause, I assure you with my experience blank IPO can be received by PIOoffice. Why it should be done because if you send IPO in the name of someone whom you fill is the right person to whom the IPO is to be sent but according toPIO office that is not the right person,PIO will send back your RTI after 28 days asking you to send a fresh application with IPO’s in the name of right person. If you will send a blank IPO ,you may snatch a chance from PIO of delaying reply off your RTI..

 

Attach each and every relevant document with your RTI application but give the details of attachments in the application also.

 

If your RTI application consists of more than one page, get stamped receiving on each page separately by the counter clerk .Post office clerks do this easily but PIO office clerks don’t do this at all as per my experience so why not send one set of RTI through post office and another directly to the PIO office. Because the applications sent directly to the PIO office take 5 less days in getting replies than the applications sent through post offices. So to decrease 5 days approach PIO office directly but if you do not get proper receiving on each page of your application (as is expected) approach post office also. Use both options.

           

PIO's are in the habit of replying that record of the info sought is not available so to disarm them before handedly include these lines in the application written here below: ------------

 

            1. What is the retention period of record?

 

2. Under which rule the record has been destroyed, if it was?

 

3. If the record is untraceable, who are the Officials responsible for not maintaining it?

 

 

Also incorporate these two paragraphs to get better results: ----------

 

1. If you can not give the whole information demanded by me, please give a part of the information which can be given according to section10 the RTI Act 2005. Section 10 of the Act allows those part(s) of the record which are not exempt from disclosure and which can reasonably be severed from parts containing exempt information to be provided.

 

 

2. If the information sought by me can not be given to me please give me the certified copies of the laws/bylaws/order/circular etc. under which such information is forbidden to the public.

 

 

I have written whatsoever little mine experience is, plz. contribute to enlighten me and other readers also.

 

 

While sending blank Postal order include these lines in your RTI-application

I am not aware of the payee details. Kindly fill the appropriate details in IPO #                       worth Rs......./-(Rs.............. only) as it is the duty of PIO to provide reasonable assistance under 5 (3) of the RTI act to applicant.

Also include these lines to get answers of PIO more answerable

Whatsoever information you would provide me on paper, that paper should be duly signed and clearly stamped by some competent authority. If you use the backside of that paper for providing me the information, please get that side also duly signed and clearly stamped by some competent authority.

 
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