CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/AT/A/2008/01259/LS
Appellant : Shri Dushyant C. Shah
Public Authority : Income Tax Department, Udaipur
(through Shri P.B. Chaturvedi, ITO, Ward-1(1) (CPIO)
Date of Hearing : 19.5.2009
Date of Decision : 19.5.2009
Facts
By his letter of 12.4.2008, the appellant had sought information as to whether
Shri Mohan Lal Hosmatrai Sharma had filed Income Tax Returns for the year 2007-
2008 or last five years and, if yes, the amount of tax paid by him etc.
2. After seeking objections from the third party, the CPIO had refused to
disclose this information vide order dated 27.6.2008. The CPIO’s order was upheld
by the Appellate Authority vide order dated 12.8.2008 in terms of clauses (d), (e) &
(j) of section 8 (1) of the RTI Act.
3. Hence, the present appeal.
4. The matter was heard on 19.5.2009. The appellant did not appear before the
Commission. The public authority is represented by the officer named above. It is
the submission of Shri Chaturvedi that some litigation is going between the seeker of
information and Shri Mohan Lal Hosmatrai Sharma and that the information
requested for is ‘personal information’ which is exempted from disclosure under
section 8 (1) of the RTI Act.
5. It has been the consistent view of this Commission that the Income Tax
Returns are not disclosable. However, there is no harm to inform the appellant as to
whether Shri Mohal Lal Hosmatrai Sharma has filed return for the year 2007-08 or
not. Not other information is required to be provided to the appellant.
DECISION
6. Hence, the decisions of the CPIO and the Appellate Authority are upheld and
appeal is dismissed subject to what has been stated herein above.
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