Need Help: reply income tax departement

[anandmane40]

Sir
Today the Income tax Department Given Reply that they are not giving any information of third party.
They had mentioned that As per Sec.8(1)(j) of the RTI Act,2005 in the following situation, there shall be no obligation to give such information to any citizen notwithstanding anything contained in that Act which relates to personal information the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual unless the Central Public information Officer or the State Public information Officer or the appellate authority as the case may be is satisfied that the larger Public interest justifies the disclosure of such information..
The information of particulars of IT AND P&L A/C AND B/S ETC is personal information of the concerned tax payers which is sub to confidentiality U/s 138 of the I.T. act Although provisions of RTI Act override Provisions of I.T. ACT sec 1)(j) of the RTI Act,2005 . It self is clear that personal information of a citizen, the disclosure of which has no relationship to any public purpose or disclosure of which would cause unwarranted invasion of the privacy of an individual cannot be disclosed.
Therefore the request of the applicant cannot be accepted. In case he wish to file an appeal against this order, he may do so within 30 days from receipt of his order before Addl. Commissioner of income.
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Sir plz help me that the documents are relevant for disposal of case .

[colnrkurup]

You may be correct that the documents are relevant for disposal of your case. That is your interest. What about causing unwarranted invasion of the privacy of the individulal concerned ? After all the RTI has given such cityzens also some protection. You just cannot invade it on a pretext that you need that information for success of your case. You did not say its relationship to any public activity or interest or how the larger public interest justifing the dislosure. Unless this is justified, I doubt of the success of furher processing.

[karira]

Anand,

Please read the full judgement of the Delhi High Court in Bhagat Singh v/s CIC and Otrs.

This is available on the sister website www.rtiindia.info

[anandmane40]

I have to go through Court Order copy, to submit it to court with in the limited days the details of income tax .

[jps50]

It is better to file an application in the court where your case is pending, to order the third party to produce required papers in the court itself, to enable U to properly plead your case in the interest of justice.