Query on disclouser of IT raids on individual
Querist :
Anonymous
(Querist) 08 November 2009
This query is : Resolved
Under the RTI Act can I ask the IT Dept to tell me whether a particular person's house was raided or he was asked to give details of his income to verify whether he has paid IT?
Raj Kumar Makkad
(Expert) 08 November 2009
No. Information pertaining to personal life of an individual cannot be disclosed by IT Deptt. or any other Deppt. under RTI Act.
Vineet
(Expert) 08 November 2009
you can certainly ask regarding search action on a particular person as the same relates to departmental action and the information is not with the department in fiduciary capacity.
However, department is not obliged to give you information regarding details of income filed by the assessee including return of income.
pkpworld..
(Expert) 08 November 2009
Mr.Vineet's view is acceptable.
adv. rajeev ( rajoo )
(Expert) 09 November 2009
U cannot ask under the RTI act. ITO will not diclose the information sought by you, because it is the personal informaion of a person.
Vineet
(Expert) 17 November 2009
Dear Shri Vadrali and Makkad Sir,
It has been held in various cases that RTI Act supercedes restrictive provisions in various other legislations in so far as with regards to dissemination of information. Therefore provisions of section 137 of Income Tax Act is subservient to the provisions of RTI Act and now the settled position of law is only the information exempted under section 8 of RTI Act can be denied.
With respect to query, the information can be denied only under clauses (e), (g), (h) and (j) of section 8 of RTI Act to a certain extent and time.
Querist :
Anonymous
(Querist) 17 November 2009
I am the person who raised the query & I tend to agree with Vineet. But what happens if a person aspiring for or about to be appointed to a constitutional post & as a citizen I have a doubt - can't I then ask under RTI to disclose raids "etc" of that person from the IT Department? If it is a question of seeking to know a person's annual returns of income , then, I can understand the provisions of the IT Act that Vineet invokes or cites against the disclosure inhibitions the Dept might have but here is a situation where the need is on a/c of a public cause. And the IT official may not get the right to decide which would be a public cause.
Vineet
(Expert) 25 November 2009
I do agree with you Mr Anonymous and if you refer to my first reply, i have already written that the department is bound to furnish details regarding raid on any person as it was outcome of a departmental act.
Hence, the clauses quoted by me are only to inform that these are the only provisions available for authorities to refuse any information.
Dr.Anjani Kumar Vaidyasen,09431271130,Patna
(Expert) 08 November 2009
