Information regarding the corrigenda issued for C Excise was sought - FAA asked to identify the specific notifications to which corrigendum have been issued & seek inspection of the same rather than filing open ended RTI application - CIC: order upheld
The appellant sought information regarding the number of corrigenda issued for Central Excise exemption notifications and for Central Excise (Non-Tariff), Customs exemption notification and for Customs (Non-Tariff) during 2013 and inspection of all files from which such corrigenda have been issued.
Relevant facts emerging during hearing:
Both parties are present. The appellant had filed an RTI application on 26.08.2013, seeking the above information. CPIO (TRU) provided information to the appellant. FAA/Director (TRU) in his order recorded that no record is maintained as such in TRU regarding number of corrigenda issued during a given year, thus the same cannot be provided. The FAA, further, advised the appellant to identify the specific notifications to which corrigendum have been issued and seek inspection of the same rather than filing open ended and general RTI applications. The appellant stated that he had sought very simple and specific information and plea of the respondent that the information is bulky and voluminous is not maintainable as he had sought information only for the year 2013. The respondent stated that information sought is very bulky and voluminous as the total corrigenda issued for the year 2013 are approximately 379 and to provide the same, he would have to compile information from all those files. Moreover, all the corrigenda are gazetted and available in public domain. The appellant contended that all the corrigenda issued are not gazetted and thus, not available in public domain.
After hearing the parties and on perusal of record, the Commission stands by the FAA’s order. The appellant, in order to obtain information as sought, can identify the specific notifications to which corrigenda have been issued and then seek inspection of the relevant files from the office of respondent authority. The appellant is directed to specify the notifications, within 10 days of receipt of this order, under intimation to the Commission. The CPIO shall fix a mutually convenient date & time for the inspection of relevant files, within four weeks of receipt of the appellant’s request in the same regard, under intimation to the Commission. Copies/Extracts be provided to the appellant on payment of requisite fee. The appeal is disposed of accordingly.
Citation: Shri R.K. Jain v. Dept. of Revenue in F.No.CIC/SA/A/2013/000063-YA