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Wife filed application to summons it department to get my tax information

(Querist) 14 February 2014 This query is : Resolved 
Dear experts,

Wife had filed DV case in November 2010 which was dismissed by the court.She filed crpc 125 last year and filed RTI to get Tax return information from Income tax department.This RTI application was rejected and I also sent a reply to IT department not to disclose the information.I proved that wife is earning and lied to the court during my evidence.

She had closed her evidence and now she has filed application in the court to summons the RTI officer from IT department to get the my income tax details.I am not working since last 1 year by the way.

How can I oppose this appilcatiion. As far as I know there is already a judgment from Supreme court that income tax information is a private information and can not be discoled if thereis no larger public interest involved.Please give me any advice in this regard.Thanks a lot in advance for your valuabe suggestions.

Arvind Singh Chauhan (Expert) 14 February 2014
Yes as per the judgment of SC IT department can not disclose such information under RTI. But this bar is only for disclosure under RTI.

Court can all and document or person if required, in evidence.So it is futile effort to oppose this application. If you want to oppose only ground is her evidence has been closed.

It is better to defend on the ground that she is working and having source of income and you are not working in present. Find the proof of her income, and produce before court.
Rajendra K Goyal (Expert) 14 February 2014
Well advised, agree with the expert arvind ji.
Advocate. Arunagiri (Expert) 14 February 2014
The civil court has no power to call the RTI PIO to give evidence, for not giving any information.

At the most the court can summon the IT officer / having jurisdiction to provide the information.
S.QAISAR ALI ADV. (Expert) 14 February 2014
agree with hon. expert.
Devajyoti Barman (Expert) 14 February 2014
Yes, all have rightly advised.
Go by their advices.
Guest (Expert) 14 February 2014
Well advised.
Dr J C Vashista (Expert) 15 February 2014
Yes the income tax information is a private information and can not be discoled if there is no larger public interest involved, however, submit an appllication before the court and get the IT File be summoned.
ajay sethi (Expert) 15 February 2014
agree with experts
Sudhir Kumar, Advocate (Expert) 16 February 2014
she is a fool.

If she believes that you are hiding your real income (which is apparent from your description that you do not want the information to be public) then she is entitled to give application to court to compel the Income tax range officer and you employer both to be present n the court with authenticated proof of income.
V R SHROFF (Expert) 16 February 2014
In cases like starving wife, and husband earning million a year, but fails to get mtn for want of proof,
And I strongly believe, as far as such mtn cases are concerned: Court must be empowered to call IT Return to prove income of husband as well as wife to meet end of justice..[ for justice who bother? not court/ not parliament, They only adhere to Administration of justice]

At least to serve the purpose of 125cr.p.c.

BUT , AT PRESENT, THERE IS NO PROVISION TO CALL IT / OR GET ANY INFORMATION FROM INCOME TAX AUTHORITIES..



SHE HAD OPPORTUNITY TO GET I.T. INFORMATION IN DOMESTIC VIOLENCE CASE , AS DV IS QUASI CIVIL, AND UNDER ORDER XI Rule 1, of CPC, it is mandatory that Opp Party must reply all such interrogatories on Affidavit within 10 days.
She missed her chance now.

So You need not worry abt IT records now.
DV victimmmm (Querist) 16 February 2014
Thanks a lot all the experts for your replies.But I did not understand some of the replies.
1.Does the court has power to summon the IT officer for witness?

2. How can I oppose her application to call the IT officer?
(My wife is a working woman and earns a good income by the way. When I proved this in the court by calling her employer in the court, The judge was very upset with her conduct as she had lied in the court that is jobless and can't earn).
prabhakar singh (Expert) 16 February 2014
True IT returns are privileged documents of party filing it and can not be disclosed to any third party,may be wife also.But to settle a dispute as to income a court can always summon this document as evidence.
Income is a variable thing.So also private employments.
When your case is that you are unemployed since last one year while her being employed is already proved by evidence,your past IT returns are not of much value for decision of the case.
Devajyoti Barman (Expert) 16 February 2014
1. Yes, they can be summoned.
2. You can not out opposition. If you do then the same would be counted against you.
T. Kalaiselvan, Advocate (Expert) 16 February 2014
I agree with the experts opinion, nothing more to add.


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