1217 Milap ChorariaVsITOKolkata 16 07 10 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/AT/A/2008/01217/LS
Milap Choraria Vs ITO (Kolkata) dated 16.7.2009
This is in continuation of this Commission’s Interim Decision dated 15/06/2009.
As scheduled, the matter was heard on 16/07/2009. The appellant is present. The
public authority is represented by Shri L. Lepcha, ITO Ward 26 (2), Kolkata. It is
noticed that last time when Shri Lecha had appeared before the Commission, he had
submitted that the requisite documents could be available either with ITO, Ward-29(3),
Kolkata or ITO Ward-31(1), Kolkata. The Commission had directed that notices be
issued to the ITOs of the above mentioned Wards. It, however, appears that notices
were not issued to them inadvertently. It is, thus, not clear to which of the above two
ITOs is holding the custody of the documents.
2. It is the submission of the Appellant that he is requesting for ITRs and other
financial details about his own son who cannot be treated as a third party. He also
furnishes a copy of letter dated 20/12/2007 of his son Arvind Choraria addressed to ITO
Ward-26, Kolkata, wherein he has consented that the requisite information may be
provided to the Appellant. We are, thus, satisfied that in the facts and circumstances of
the case, the Appellant cannot be treated as a third party and that information is
disclosable to him.
3. However, as the identity of the ITO who is presently the custodian of information
is not clear, it would be expedient to issue directions to CIT-10, Kolkata, (who is reported
to be the supervisory officer of ITOs Ward 29(3) ITO Ward 31(1), Kolkata) in this
regard.
DECISION
4. In view of the above, Commissioner of Income Tax-10, Kolkata, is hereby
directed to instruct the concerned ITO to disclose information to the Appellant in next 06
weeks time.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges,
prescribed under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Tele: 011 2671 73 53/Fax: 011 2610 62 76
Copy to:-(1) Commissioner of Income Tax-10, (2) Shri L. Lepcha,
P-7, Chowringhee Square, IncomeTaxOfficer,WardNo.26(2)
Aayakar Bhawan, Kolkata-700069. CR Building (Bamboo Villa),
Annexe,169,ATC Base Road,
Kolkata-14.
(3) Shri Milap Choraria,
B-5/52, Sector-7,
1217 Milap ChorariaVsITOKolkata 16 07 10 2
Rohini, Delhi-110085.