Seeking information related to Kasturimal Gangadhar Jaliram Charitable Trust - PIO: trust deed is a part of ITRs and hence personal information - CIC: personal information is exempt from disclosure u/s 8(1)(j) and no larger public interest shown
27 Oct, 2013FACTS
Vide RTI dt 19.2.13, appellant had sought information on 4 points relating to Kasturimal Gangadhar Jaliram Charitable Trust. RTI was transferred on 6.3.13 to ADIT (Exemptions).
2. An appeal was filed on 11.4.13, as no information was received.
3. CPIO vide letter dt 6.5.13, issued a notice to the third party who objected to any information being shared. CPIO denied the information observing that the information related to third party and no public interest is involved.
4. An appeal was filed on 15.5.13.
5. AA vide order dt 28.5.13, disposed of the appeal.
6. Submissions made by the appellant and public authority were heard. Appellant stressed on information being provided on query no.1 and 3. AA submitted that the Trust deed is a part of the ITRs submitted by the Trust when they seek registration u/s 12A of the IT Act and hence being personal information, as held by the Hon’ble Supreme Court in the case of Girish Ramchandra Deshpande, the information cannot be provided.
DECISION
7. The Hon’ble Supreme Court in the case of Girish Ramchandra Deshpande has held that Income Tax Returns is personal information and exempt from disclosure 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. 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. is upheld. The appeal is disposed of.
(Rajiv Mathur)
Central Information Commissioner
Citation: Shri Ravi Jhunjhunuwala v. Asstt. DIT (Exem-II) & JDIT (Exem) in File No.CIC/RM/A/2013/000509