CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/AT/C/2008/00306/LS
Complainant : Shri Raghu S.
Public Authority : Commissioner of Income Tax (TDS)
(through Shri Ajit Korde, Addl. CIT (TDS),
Bangalore)
Date of Hearing : 13.5.2009
Date of Decision : 13.5.2009
Facts
By his letter of 5.4.2008, the complainant had requested for the following
information :-
“(i) Copies of TAN returns filed by Karnataka Badminton Association (TAN No.
BLRK01018D for the years 2002-03, 2003-04, 2004-05, 2005-06, 2006-07,
2007-08 are required;
(ii) Copies of Assessment orders for the above TAN holder for the years 2002-
2003, 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 are
required;
(iii) A copy of action taken report on the above TAN Holder for Non-compliance
of the Income Tax is required.”
2. It appears that CPIO had raised certain queries which were responded to by
the complainant. Thereupon, Shri R.S. Naik, DCIT (TDS) had disposed of the RTI
application vide his letter dated 11.6.2008 holding therein that the information
sought by the complainant could not be provided to him in terms of section 8 (1) (j)
of the RTI Act.
3. As per Commission’s records, the complainant does not appear to have filed
first appeal.
4. The matter was heard on 11.5.2009. The complainant did not appear before
the Commission. The public authority is represented by the officer named above.
During the hearing it is noticed that the CPIO appears to have dealt with an
application dated 17.5.2008 of the complainant in his order dated 11.6.2008, denying
information to him; whereas as per Commission’s records, the RTI application bears
the date 5.4.2008. It is also noticed that the CPIO had sought certain personal
information from the appellant viz. his relationship with the Karnataka Badminton
Association and the purpose for which he was seeking information etc. Needless to
say, the RTI Act does not empower CPIO to raise queries of this nature before
responding to an RTI application. Thirdly, it is noticed that the complainant has not
filed the first appeal before the Appellate Authority and has directly approached this
Commission and thereby lost an opportunity of seeking relief from the Appellate
Authority.
DECISION
5. In facts and circumstances of the case, it would be fit and proper to direct the
Appellate Authority to give an opportunity of hearing to Shri Raghu S. and decide
the matter as per law. Hence, the matter is remanded to Addl. Commissioner (TDS),
Bangalore, with the direction to pass an appropriate order in 04 weeks time.
6. Shri Raghu S. will be at liberty to move the Commission again if he is not
satisfied with the decision of the Appellate Authority.
7. The matter is disposed of subject to the above directions.
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