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sagar Rao (Scervice)     20 October 2021

Inforamtion under rti act 2005

Sir/Madam,

I Had asked GST Payments under RTI Act 2005 (i,e GSTR3B Return) of one Private Limited Company and two Firms GST payments made to GST Department from 1st July 2017 to Still date to Central Gst Commissnarate.

Information is denied to me by the Central Gst Commissnarate, stating that the information saught regarding taxpayers relates to personal information and no relationship to any public activity or intrest and the same is exempted under section 8(1)(J) of RTI Act 2005.

So, kindly inform me whether information i saught is comes under persoanl informtion or not.

and shall i appeal to Appellate Authority to get information under this Act, Please inform.

Thanks & Regards,

Sagar Rao



 2 Replies

Anusha Singh   26 October 2021

As per your query it is understood that you need information regarding filing of RTI.

Falling under the purview of ‘private entities’ are mainly private schools, colleges, coop societies/banks, private sector banks and insurance companies, public/private trusts, private service providers and public limited companies.

First step is for the citizen requiring the information to do his research and find out the government department under which the particular private body is registered.

The website of the Department will provide to the citizen the Public Information Officer (“PIO”) who has to be contacted. The contact details of the concerned PIO will be available on the website.

The steps following this are similar in procedure to those that have to be followed in case of a normal RTI Application filed to a public authority.

The Application has to be filed as per the fees and the format prescribed by that Government (Central or State). The Fee details have to be accompanied by the mode of payment and postal order numbers or any other such imperative details as may be required. The information required will be furnished by the concerned PIO, as Government departments can summon information from private bodies under various laws of the state.

It must also be noted by Applicants that the information barred from disclosure under Section 8 and 9 of the RTI Act cannot be obtained under this Section either.

Summing it up, the advent of the RTI Act was one of the most beneficial steps by the government. The question was if an applicant could ask for information on private bodies. The answer is yes, as long as they perform a ‘public’ function which comes under the purview of the RTI Act.

In a landmark decision of sorts in the case Sarbajit Roy vs DERC, the Central Information Commission, reaffirmed that privatized public utility authorities also fall well within the ambit of the Act, and are obligated to disclosure of information as requested by the citizen. This means that private bodies which perform a ‘public’ function will come under the RTI Act.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

sagar Rao (Scervice)     29 October 2021

Thank you very much.


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