Annual returns filed by All India Chess Federation was denied u/s 8(1)(j) – Appellant: allegation of evasion of tax made - CIC: ITR is personal information and appellant has not been able to show any larger public interest; appeal rejected
29 Dec, 2013ORDER
FACTS
1. Vide RTI dt 7.6.13, appellant had sought copies of annual returns (including annual accounts) filed by All India Chess Federation from 1991 till date.
2. CPIO vide letter dt 19.8.13, denied the information under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. citing the orders of Supreme Court in the Girish Ramchandra Deshpande case.
3. AA vide order dt 27.9.13, observed that views of the third party were sought, who vide their letter stated that the appellant is the Secretary of the expelled UP Chess Association and as there is no larger public interest involved, the information cannot be provided. The AA placing reliance on the Supreme Court’s decision in the case of Girish Ramchandra Deshpande and the Commission’s full bench decision in the Milap Choraria case, upheld the decision of the CPIO.
4. Submissions made by the appellant and public authority were heard. Appellant has submitted written submission dt 19.12.13 which is taken on record. He has quoted a CIC decision – CIC/PB/C/2008/00947 dt 20.3.2009 - wherein the Commission had declared the All India Chess Federation as public authority. Moreover, according to the appellant, government had also declared the AICF as a public authority with their own CPIO/FAA. He further submitted that he is seeking copy of IT Returns as the AICF is evading tax. CPIO reiterated his earlier stand and submitted that there is a court case pending in the Kerala High Court in connection with which several individuals have sought the same information.
DECISION
5. The Hon’ble Supreme Court in the case of Girish Ramchandra Deshpande has held that Income Tax Returns and related documents is personal information and exempt from disclosure u/s 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act unless larger public interest is shown. In the instant case, the appellant has not been able to show any larger public interest. Accordingly, the denial of information under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information 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: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. is upheld. The appeal is disposed of.
(Rajiv Mathur)
Central Information Commissioner
Citation: Shri S. K. Tewari v. DDIT (Exemptions)-II and JDIT (Exemptions) in DDIT (Exemptions)-II and JDIT (Exemptions)