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Nidhi malhotra (proprieter)     04 October 2012

It reply on rti for tep submitted against fil

Hi All,


A false dowry case stating 20L amount spent by her father has been submitted by my SIL in 2010.I sent a TEP to Income tax department in order to take action againt the amount mentioned.


I got the below reply from IT


Q : please provide me the details with certified copies of income declared/income tax paid from the period 2008-09 to 2010-11
Ans : Since the information sought for in the case of Sh XYZ related to third party,no information about his can be disclosed in this regard.Sh. XYZ has filed an objection to provide his information.

Q: What action your esteemed department has initiated against Mr. XYZ in view of
the disclosure made by his own daughter under sworn affidavits and his own assertions in
proceedings, which was deposed by the undersigned in your esteemed office on XX.XX.XXXX?

Ans : Investigation is in progress


What should be my next course of action.How can i make them actually take action against him

Thanks for your help in advance


 13 Replies

HK_Jain... (498a Fighter)     05 October 2012

go for first appeal you are close to get it.

Please let us know what is the juridiction, city of Income tax.

For the format of first appeal mail me on




1 Like

Never Give Up (Fighter)     05 October 2012

Refer to CIC judgement in the link given below,


I think it should help you.

1 Like

dr.pawan rajyan (member and secretory)     05 October 2012

yes.attach mention  judgement  and go for appeal.regards

1 Like

Nidhi malhotra (proprieter)     05 October 2012

Thanks everyone for the reply.Hemant i have mailed you,please reply whenever you get time

Nayan Mehta (Lawyer)     05 October 2012

Plz, file first appeal & get your record easily.

1 Like

I love my parents (law)     06 October 2012

Easily you can get.Send the copy of above said judgement.

No issue you can get.

1 Like

Nidhi malhotra (proprieter)     06 October 2012

thanks everyone for ur reply


Dear Nidhi

You can't make RTI for third party. Its barred.

You can't ask your request in question. Its barred.

Your request application is uncompleate, Not mention any PAN No.

Third party information is barred in RTI act.

HK_Jain... (498a Fighter)     08 October 2012

Dear RK

No its not like that when the matter is state


The same finds force by the decision of CIC in F.No. CIC/AT/A/2008/0268 decided on 16.07.2008 in Shri Badri Verma Vs Income Tax Department.


Taking a tough stand in Yamaji Sakharam Rathod Vs CIT-Aurangabad in 2007/00009 dated 02.03.07 the CIC had statedIt may also be noticed that  in File No CIC/LS/A/2009/01014 (B.B. Singh Vs DGIT (Inv), Lucknow) decided on 1.1.2010

The same view has been forcefully re-iterated by Hon’ble CIC in CIC/LS/A/ 2009/000802 (M P Padmanabhan Vs. Income Tax Department, Kannur) on 03.06.2010.

For TEP you dont need PAN no. I dont know my FIL PAN No. but knows juridiction thats enough.



ravindra (abg)     09 October 2012

dont ask directly IT statements they will not give u.  U can ask below mention quetion also

1. Kindly provide the certified copy of investigations / assessments are initiated / made on the TEP application under reference no_______dated__________ submitted by the undersigned .
2. Did Mr. XYZ explained the source of expenditure amounting to rs.____on the marriage of his daughter Ms. 498a Wifeduring the course of enquiry made by the office of CIT.? Any other information submitted by him on the source of the above said expenditure?
3. Kindly provide certified copy of observation was made by the C.I.T. while recommending the re-opening of the assessment of Mr XYZ for theAssessment Year (2000-2010) along with copy of the order?
4. Kindly provide certified copy of explanation was offered by XYZ about the source of above of above said expenditure amounting to rs._lacs during the course of re-assessment proceedings before the Income Tax Officer?
5. Kindly provide certified copy of How much income has been re-assessed in the assessment order of XYZas income from un-disclosed sources and the copy of Asst. order for the last Asst. year 2004-2005.
6. How much Income Tax demand including interest has been created as per notice of demand and also supply the copy of the notice of demand?
7. How much outstanding Income Tax demand has been recovered from XYZ?
8. What action has been taken for the recovery of outstanding demand agaXYZ?
9. Is there any stay order against outstanding Income Tax demand? Copy of the stay order, if any, may kindly be supplied.
10. What is the final stage of Income Tax Case of XYZ the Asst. Year 2004-2005?
11. Smt. 498a WIFE & Smt XYZ ever filed any income tax return mentioning the details of source of alleged money and alleged costly items ever given by them in marriage and after marriage of their daughter as admitted in writing in their List submitted with TEP and alsofor maintaining other luxuries of life.
12. Whether they have paid income tax & wealth tax on there alleged cash/jewelry expenses.
13. Whether the persons mentioned above are liable for any action against them for tax evasion(income tax, wealth tax, etc) as per rule and kindly give the brief details of recovery efforts/punishments that can be awarded for violating the rule in above cases.
14. Kindly intimate the action initiated/taken by your department against the persons Mentioned above and the amount of Tax recovered/expected to be recovered from them.
15. Kindly provide a copy of the preliminary assessments/investigations.
16. Has XYZ preferred any appeal against Asst. Order? What is the status of the appeal and till what time could its disposal be expected?
17. Kindly provide me the name & designation of the officer who is providing this information as there is every apprehension that the information being provided to me will not be relevant and will be misleading.

I love my parents (law)     09 October 2012

Dear All, I think we can demand IT details of any third party.But there are some condition are there..Like you need details to show your innocence in some case.I have some judgement of CIC.That will help you tp got income tax details of third party. Pls send your application along with the copy of judgement.Surely you will get .Because in the same condition like you,myself got all the information from IT deptt whatever required. Thanks,

Aadil (Sales Manager)     13 October 2012

hi this is Aadil as I to want CIC judgement copy's as I to want to file in tep.... pls frwded me on my mail reg. TEP pls, send me on a request...pls

HK_Jain... (498a Fighter)     14 October 2012


I think you did not read the thread carefully,Read my second post in same thread and read that carefully and search on google, you can get it, dont become expect spoon feeding from anyone..




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