Documents submitted by a company for setting up CFS were denied u/s 8(1)(d) - PIO: financial status, estimated cost of project, estimates of revenue and expenditure, balance sheet etc. are in the nature of commercial confidence - CIC: appeal dismissed

Copies of documents submitted by a company for setting up CFS was denied u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; - PIO: documents include financial status of the organisation, estimated cost of project, estimates of revenue and expenditure, computation of income tax, balance sheet and such other details which are in the nature of commercial confidence - CIC: appeal dismissed

ORDER

FACTS

1. Vide RTI dt 5.3.2013 appellant had sought copies of all documents submitted by Transindia Logistics Pvt. Ltd. for setting up CFS

2. PIO vide letter dt 18.3.2013 denied the information under section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; .

3. An appeal was filed on 2.4.2013.

4. AA vide order dt 18.4.13, upheld the decision of the CPIO and observed that disclosure may harm the competitive position of the third party and no case had been made out by the appellant of any such overwhelming public interest. A copy submitted to the Commission and taken on record.

5. Submissions made by public authority were heard. CPIO submitted that the documents submitted by M/s Transindia include financial status of the organisation, estimated cost of project, estimates of revenue and expenditure, computation of income tax, balance sheet and such other details which are in the nature of commercial confidence and hence were denied under section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; . In the absence of the appellant his views could not be ascertained.

DECISION

6. The Commission concurs with the decision of the CPIO/AA. The appeal is disposed of.

(Rajiv Mathur)

Central Information Commissioner

Citation: Shri K. Ramachandran v. Deptt. of Commerce in File No. CIC/SS/A/2013/002585/RM