Disclosure of Income Tax returns of third party under RTI Act
The appellant sought the details of the PAN, Income Tax returns of several persons. The Public Information Officer (PIO) denied to provide the related information under section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; and 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. of the RTI Act, 2005. The First Appellate Authority (FAA) upheld the PIO’s order stating that the appellant failed to establish any larger public interest. The appellant submitted that he had sought the details of his father in law who had registered a dowry case against him and that he required the information to defend himself in the case.
View of CIC
The Central Information Commission (CIC) referring to a previous order No. CIC/LS/A/2010/001044DS, directed the PIO to provide the net taxable income of his father in law for the financial years 2003 – 04 and 2004 – 05 to the appellant. The Commission also pointed that disclosure of information was considered necessary for the speedy dispensation of justice and to provide a level playing field to the appellant to defend himself in a criminal case in which the State is arraigned against him based on a complaint made by the third party.
Citation: Mr. Sumit Kumar Agrawal v. Income Tax Department in Appeal No. CIC/DS/A/2012/000174
RTI Citation : RTIFI/2012/CIC/277
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