income tax raid details

[pankajshah]

Recently there was an income tax raid on my friend's premises. After sometime he received a letter from income tax department that a person is seeking information about the details of raids like the amount found in cash during the raids, total amount of tax recovered etc. They have asked him to comment on the subject & they will decide the course of action on their own.

This could be the work of an underworld gang who may extract the details so that they can decide whom to call for extortion as many people who were raided have received similar letter.

I wan to know from the forum member if I can ask the department under RTI act to disclose the identity of such person.

[kushal]

The notice your friend got is based on the provision of Section 11 (1) of RTI Act.

Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information

There is no clear statement weather, the name of the person can be revealed or not. However, as the Act implies, that the 3rd party can also represent, it can be conferred that, Yes! You can get to know who wants to know the information.

However, the raid details are completely personal details, and revealing it may be infringement upon personal privacy, and it also do not serve any public interest hence is liable not to be disclosed.

[pankajshah]

KAUSHAL,

Thanks for the information. I will try to get the details of person seeking information.

Is it possible to get the information on 'informer' from the income tax department?

pankaj shah

[kushal]

Unfortunately that is not possible as per the RTI Act, as it may impede the process of the investigation. Section 8 (1)(h)
You can read the Act here:
http://www.rtiindia.info

[maneesh]

No purpose of public interest will be served by disclosing the name ofthe informer. This has been specifically covered by the Subsection (g) of the RTI Act.

(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

Once the name of the informer is disclosed the life of informer may be at risk.

[crusader]

ahha!

That is a good information Kushal and Maneesh.