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Ravi (a)     19 October 2015

Second time filed tep

Dear lawyers and experts -

1) i filed TEP once again (2nd time) in the month of August 2015

2) i filed RTI wrt TEP (point #1 above) in the month of September 2015

3) i got RTI reply from IT dept this month 2015 saying

 

However, on a careful consideration of the assessee's request, the application is rejected on the following grounds:

1) it is noticed that the information sought for by the applicant is in the nature of 'personal information' as defined in clause (i) of section 8(1) of the RTI Act and the disclosure of such information has no relationship to any public activity or interst at large.

2) Hence supply of information stands exempted from disclosure under section 8(1)(i) of the RTI Act

3) In this regard, reliance is placed on the decision of the H'ble Supreme court in the case of Girish Ramchandra Deshpande vs. CIC & others [SLP (civil) no. 27734 of 2012 (cc 14781/2012).......


An appeal against this order would be with addl. income tax commisioner, <address>

 

Kindly let me know what i have to do now,

1. Shall i appeal to the appellate authority? if so, what decisions i can mention and also let me know appeal format.

 

2. does this mean my 498a wife & FIL informed & requested IT officers not to disclose this?

 

Please let me know with your comments



Learning

 2 Replies

Megha   20 October 2015

Anyone reply to this question please...same is mine frined case too

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 October 2015

The law related to information of Income Tax details have evolved over time and as the things stand right now, Supreme Court has ruled that Income Tax details of any assessee can not be released under RTI. If needed the same can be called in court as evidence.

 

Your query concerns Tax Evasion Petition. The law about the same is that only the final outcome of the TEP can be informed to the person who has given information about the evader. The information related to the final amount can also be released, if asked for and public interest shown. You can find these judgments on my website www.shoneekapoor.com 

 

Hence ask for information which can be released under RTI act and the CPIO would be constrained to release the same.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 


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