Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2011/000620
Name of Appellant : Sh. Rajkishore Maniya
(The Appellant was not present)
Name of Respondent : Central Excise & Service Tax, Silguri
(Represented by Sh. Tenzingh Tshering
La , ACPIO / Superintendent)
The matter was heard on : 21.09.2011
ORDER
This matter had been remitted back to the FAA by the Commission vide its order
dated 1.11.2010.
In compliance with the directions of the Commission the FAA has passed an order
dated 22.12.2010. As per the order of the FAA, the investigation agency / organizations
conducting enquiry / investigation against the M/s Perfect Technology, were consulted by
the FAA in order to know whether the investigation / enquiries against M/ Perfect
Technology have been concluded or not.
After careful examination, the FAA has noted that as per reply received in
connection with this matter from the Dy. Commissioner (Hqrs. Antievasion Unit)
Siliguri Commissionerate, Siliguri, who is conducting enquiry / investigation against M/s
Perfect Technologies, a Show Cause has been issued to M/s Perfect Technologies on
30.06.2010, and that enquiries have not yet been concluded. In view of this the FAA has
held that information as desired by the Appellant, cannot be provided to him, in terms of
Section 8(1)(h) of the RTI Act as enquiry / investigation M/s Perfect Technologies,
owned by the Appellant, are under process and not complete.
The ACPIO, reiterated decision in the matter taken by the FAA.
The Commission is of the view that since the investigation / enquiry against M/s
Perfect Technologies, owned by the Appellant are still under process and not completed
under as Section 8(1)(h) applied. The order of the FAA is upheld.
(Sushma Singh)
Information Commissioner
29.09.2011
Authenticated true copy
(D. C. Singh)
Dy.Registrar
Copy to:
1. Sh. Rajkishore Maniyar
Proprietor of Perfect Technologies
801/802m Shiv Tapi Apt, Goregaonkar Road
Gamdevi, Mumbai400007
2. The Public Information Officer
Dy. Commissioner
O/o the Dy. Commission of Central Excise & Service Tax
Gangtok Division, Siliguri
3. The Appellate Authority
Addl. Commission
O/o the Commissioner of Customs
Central Excise & Services Tax
Siliguri commissionerate
Haren Mukherjee Road
Hakimpara, Siliguri734001