Income Tax Return of Wife
Vishal Indurkhya
(Querist) 18 September 2010
This query is : Resolved
Dear Sir,
In continuation to below mail, after outrightly denial of my original RTI application, as per suggestion(s) received from the honorable fraternity members, I submitted a re-request application by citing rules & thereby requesting the same PIO to kindly furnish the desired information.
To my surprise the re-request application was also rejected by PIO by citing the full bench judgment of Central Information Commission in case of Milap Choraria Vs. CBDT Appeal No. CIC/AT/A/2008/00628 dtd 15-06-2009. ( Link - http://rti.india.gov.in/cic_decisions/LS-15062009-02.pdf / http://indiankanoon.org/doc/1648681 ). For your kind review a copy of judgment is also attached herewith.
Now, I am in dilemma as how to take it forward. Should I go in for First Appeal against this ? Would it help me to get the desired outcome in anyway ?
Sir, I would also like to kindly request you to please help me in this pursuit & enlighten me if this C.I.C. decision has been overruled / quashed / challenged in any court of law, any positive outcome / interim stay till matter is sub-judice / any other relief which you are aware of that anyone have got on this matter ?
A timely help from your end would be highly appreciated.
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
Mobile - [0] 94252-13300
E-mail - vishalindu@gmail.com
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----- Original Message -----
From: Vishal Indurkhya
To: Lawyers Club India
Sent: Wednesday, July 28, 2010 11:04 AM
Subject: Income Tax Return of Wife
Dear Sir,
Case Brief - My wife is working pleasantly for last 5 yrs. She filed Maintenance u/s 24 HMA (along with her Divorce petition on ground of cruelty) & claimed Rs. 30,000/- per month as maintenance "Pendente Lite" for her. I denied that since I am a full time LL.B. student & fully dependent on my father thus don't earn a single rupee. Further, I also stated that she is capable of earning & have regular income by producing one "Unofficial" ITR of 2008, which states her income in tune of Rs. 3 Lakh per annum. Wife on oath said that she doesn't work. Family court judge denied to appreciate the ITR because it is "Unofficial" and shockingly ordered me to pay Rs. 1,000/- per month to her.
Now to substantiate my claims (so this matter becomes Perjury + Fraud as well) I need the "Official" ITR copies ASAP. The RTI application filed with larger public interest for the above got declined yesterday. Before proceeding ahead with the First Appeal I want to know that -
Is it possible to obtain the Income Tax Return filed by wife during last 5 yrs period through RTI or any other means ? Any success stories of fraternity members within this group ?
My RTI application has been declined by the CPIO stating that the Income Tax Office contacted my wife to know if these information(s) 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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A V Vishal
(Expert) 18 September 2010
THE PIO IS RIGHT IN REJECTING THE APPLICATION SINCE THE ROI CANNOT BE GIVEN WITHOUT THE CONSENT OF THE ASSESSEE IN RELATION TO WHOM THE INFORMATION IS SOUGHT.
R.Ramachandran
(Expert) 18 September 2010
Dear Mr. Vishal,
Being a LLB student, you should by this time know that personal information of third parties cannot be provided by any PIO without the consent of that third party.
Instead of asking for copy of the income-tax return of your wife, you should have asked:
1. Whether ...... (name), Resident of ..... having PAN No....... has filed income tax return for the AY.......
2. Whether the said Assessee has paid income tax for the AY ......
The above information does not reveal the exact income of your wife, but it will definitely indicate that she is an income-tax payee, indicating that she has reasonable income.
I do not think for providing the above information, the PIO will have any objection.
mahendrakumar
(Expert) 25 September 2010
yes,we can get useful information by suitably framing our queries as suggested by Ramachandran.
