Writ against Income Tax Department
Vishal jain
(Querist) 20 December 2009
This query is : Resolved
Hello,
I had filed several RTI applications to the income tax department to supply the "Complete Investigation Report" connected with my complaint against my in-laws.
For this, I have given the references of various judgements/citations of Hon'ble CIC and High court of Delhi.
But the PIO and First Appeal Authority are keep on neglecting/disobeying those judegements/citations.
Now, I have filed the appeal before the Central Information Commission(CIC), but it will take around 1 year to process and to come up for hearing. In this due time, it might be possible that I might be punished by court and any thing can happen.
i want to prove myself innocent in 498a case filed against me.
***] Plz. suggest me if I can file a WRIT PETITION at High court and make prayer to the Hon'ble court to direct the income tax depatment to disclose the "Investigation Report". Or I have to wait 1 year to check the decision of CIC.
***] Actually I want to file a WRIT Petition before the decision held by CIC.
***] It might be possible that High court might ask the question "why did you not wait for the decision for CIC and direct come to High court? Then please suggest me , what should be my defense"
Thankx
Kiran Kumar
(Expert) 20 December 2009
dont go for writ petition in your matter as it will be premature.
otherwise if u need any document presented before the Trial Court then you can call for a witness from the Income Tax department along with whole record...it all will be through process of court.
if the matter is still under investigation then you can make relevant statement before the IO in this regard, they will investigate from the record as well.
u need not to take a longer route.
Devajyoti Barman
(Expert) 20 December 2009
First of all the Investigating agency can not be directed to disclose every piece of its investigation as the information you are entitled to know are already provide by the Police through Charge Sheet, if not, then wait for submission of Charge Sheet. The writ jurisdiction of the High Court can not be invoked to disclose the information of the investigation which are exempted by the RTI Act itself. For further opinion your RTI application needs to be perused.
Vineet
(Expert) 20 December 2009
No writ lies pending the matter with appelate authority.
The investigation agency may not disclose investigation report to a third party if the same is likely to hamper sovereign economic interest or life and liberty of individual against whome the investigations were carried out.
Income Tax Department does not file any chargesheet in its investigation matters as the authorities themselves are quasi judicial authorities and their principal aim is to bring undisclosed income to tax. Once Investigations are over, the Department will take appropriate action by way of reopening the relevant cases and pass assessment orders. These orders are public documents and you may always seek copy of the same.
J. P. Shah
(Expert) 20 December 2009
You can invoke Life and Liberty clause before CIC giving details of your problem. You can send this application directly to Chief Info Commissioner, CIC [hard copy and email]. So far life and liberty clause has not received positive and urgent reaction. However you can try it.
Ajay Bansal
(Expert) 20 December 2009
writ is not a proper way in this case. Said record could be brought into court at the time of defence evidence.
Raj Kumar Makkad
(Expert) 20 December 2009
I have similar opinion as of Vineet and Kiran.
