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Vishal Indurkhya (Professional) 28 July 2010
@ Vishal change pic to modern era, we r no more going to get re-married soon now that 2 dozen cases on our heads :-)
However Sir, PM jokes apart here are my say;
1. The most favourable CIC ruling is that of Sh Shailesh Gandhi in in Rakesh Kumar Gupta Vs. Escorts Hospital
Basing above ruling which you can find in CIC Decisions webpage link now, it is possible to get ITR of wife and while filing an appeal by you now quote above decision with below held your work will be done in appeal stage. Held: “Information provided by an assessee to the department for purposes of income tax assessment is information disclosed in relation to a public activity and, therefore… section 8(1)(j) is inapplicable in the present case.
2. Since we are talking here of moving ahead then PIO can't summerarily dismiss a RTI without annexing Third Party Objections that he received. From your message it seems that you received one liner rejection of PIO now fire below shells on him
Que 1. kindly provide me certified copy of page of register containing and or showing diary dispatch number with date through which the third party submission was asked/called for?
Que.2. Certified Copy of the letter dispatched to third party for making his / her submission?
Que.3. Certified copy of page of register containing and/or showing Diary register number through which third party submission was received.
Que.4. Certified copy of the submission document received from third party.
And after abv. questions in appeal application mention the below ruling
In case of U Vardaraya Nayak Vs. Commissioner of Income Tax, Bangalore dt. 25/06/2007 CIC Digest (Vol II) 1580 (383) Held: Objections filed by the Third Party should be made available to the Appellant. CPIO is not required to mechanically accept the third party's objection to disclosure of an information.
PS.: No spoon feeding on CIC decision on Escorts case please :-)))))))))
Naresh (In search of job) 28 July 2010
Good info provided by tusharcosmic, pasting it as advised by Dr. Arun Kumar for the member's convenience.
Write in your
If you feel that
If you are not 100% sure that to whom the postal order be addressed then send blank IPO but fill the column where sender’s name and address is to be written. Now postal clerk may resist that postal order be filled, explain him this clause, I assure you with my experience blank IPO can be received by
Attach each and every relevant document with your
1. What is the retention period of record?
2. Under which rule the record has been destroyed, if it was?
3. If the record is untraceable, who are the Officials responsible for not maintaining it?
Also incorporate these two paragraphs to get better results: ----------
1. If you can not give the whole information demanded by me, please give a part of the information which can be given according to section10 the
2. If the information sought by me can not be given to me please give me the certified copies of the laws/bylaws/order/circular etc. under which such information is forbidden to the public.
I have written whatsoever little mine experience is, plz. contribute to enlighten me and other readers also.
While sending blank Postal order include these lines in your RTI-application
I am not aware of the payee details. Kindly fill the appropriate details in IPO # worth Rs......./-(Rs.............. only) as it is the duty of to provide reasonable assistance under 5 (3) of the act to applicant.
Also include these lines to get answers of PIO more answerable
Whatsoever information you would provide me on paper, that paper should be duly signed and clearly stamped by some competent authority. If you use the backside of that paper for providing me the information, please get that side also duly signed and clearly stamped by some competent authority.