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  1. #17
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    Re: How to avoid RTI Sec 8(1)(g)(h)


    Hello,
    I had filed TEP - Tax evasion petition on inlaws and asked the following questions,

    1. Was Mr.X is a income tax assesse?
    2. If he is an Income Tax assesse, has he been filing his Income Tax Returns on a regular basis.
    3. Please provide me the details with certified copies of Income Declared/ Income Tax Paid for the period 2009-2010, 2010-11, 2011-12, 2012-13 and 2013-14.
    4. What action your esteemed department is initiating against Mr.X in view of this petition to recover the dues of Income Tax.

    ITO Ward response on 10/6/15,
    According to the provisions of section 8(j) of the RTI act 2005, those matters comes under the exemptions from disclosure of information specified in section 8 shall not be disclosed to any citizen.For the sake of convience, extract of 8(j) is reproduced below:
    (j) information which relates to personal information the disclosure of which has not 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: Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.


    In view of the above, information sought by you cannot be provided. In this connection,the application filed by you under RTI act 2005, seeking declared/income tax paid in the case of Mr.X for the period is hereby rejected.
    This letter may be treated as order u/s 7(1) of RTI act 2005.
    Under section 19(1), you may appeal against this order within 30 days from the receipt of the same to Add.Commissioner of IT, who is the appellate authority.



    › Find content similar to: How to avoid RTI Sec 8(1)(g)(h)



  2. #18

    Re: How to avoid RTI Sec 8(1)(g)(h)


    There is still some confusion about the application(s)! Did you file one application only under the RTI Act or did you file one TEP and one application under RTI Act or did you file a TEP and appended to it some queries under RTI?
    What ever it may be, now that the PIO has denied the information you have to go on appeal to the FAA. But the appeal has to be filed within the stipulated period under the Act. However the proviso under sec.19 of the Act says: "Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time." Thus it is entirely upto the FAA to admit the appeal or not after 30days. You can try your luck with any reason that may sound convincing.
    You may also keep in mind that
    the Full Bench of the Commission in Appeal No.CIC/AT/A/2008/000628 (Milap Choraria v. Central Board of Direct Taxes) and the Commission vide its decision dated 15.6.2009 held that “the Income Tax return have been rightly held to be personal information exempted from disclosure under clause (j) of Section 8(1) of the RTI Act by the CPIO unless the appellant has been able to establish that a larger public interest would be served by disclosure of this information."
    In other words, if you can prove some larger public interest you can get this information.

  3. #19
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    Re: How to avoid RTI Sec 8(1)(g)(h)


    In this case, you are entitled to receive the information on action taken by the department and the material based on which such action taken on TEP, are not exempted under section-8(1)(j) of the RTI Act. The Judgement of the Hon'ble Delhi High Court in the case of Bhagat Singh Vs CIC dealing with a similar issue of denial of information on TEP is attached herewith for your guidance.

    The outright rejection is malafide. When there is a specific TEP against an assessee, the Dept is required to investigate the case and based on which it may take action or close the file for no substance in the TEP. On both the actions, the relied upon material for the decision is required to be supplied, since those information are part of departmental action different set of rules and hence cannot qualify as personal information for exemption under Sec-8(1)(j).

    You may therefore file First Appeal before the First Appellate Authority within 30 days from the date of receipt of CPIO's decision based on the grounds as enumerated on Delhi High Court judgement.
    Last edited by RAVEENA_O; 24-06-15 at 01:55 PM.
    Satyameva Jayate सत्यमेव जयते

  4. #20
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    Re: How to avoid RTI Sec 8(1)(g)(h)



    Quote Originally Posted by dare2win View Post
    Hello,
    I had filed TEP - Tax evasion petition on inlaws and asked the following questions,

    1. Was Mr.X is a income tax assesse?
    2. If he is an Income Tax assesse, has he been filing his Income Tax Returns on a regular basis.
    [/COLOR]
    Right to Information Act 2005 is to seek information instead of wreaking vengeance. Information sought under point 1 based on imagination. This implies that Mr. X may be an income tax assessee or may not. You must provide detail information about Mr. X ,then ask about returns and other things consequently department will come under pressure and larger public interest will apply as tax evasion will be ipso facto obvious from your facts.

  5. #21
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    Re: How to avoid RTI Sec 8(1)(g)(h)


    The proper course is enclosing the statement by concerned in law and filing complaint and seeking for investigation to Tax evasion, and then following it up with RTI.
    I have been reading atleast such 498 cases every day in the portal, and when an able advocate can seek such information easily through Court by filing petition for such, expecting ITO to reply for query is hopeless.
    Try to focus on exact problem and find out solutions through Advocate and do not indulge in time and money wasting exercising knowing well the responses of ITO. It is very difficult to get any information from IT dept.

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