CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/AT/A/2008/00487/LS
Appellant : Shri Ram Niwas
Public Authority : Dy. Commissioner of Income Tax
(through Shri N.P. Singh, Addl. CIT & Shri R.N.
Punia, DCIT)
Date of Hearing : 30.1.2009
Date of Decision : 30.1.2009
Facts
By his letter of 29.10.2007, the appellant had requested for information
on 20 points relating to the financial affairs of Executive Apartment Pvt. Ltd
(EAPL), Gurgaon.
2. Vide order dated 21.11.2007, CPIO had refused to disclose the
information in terms of section 8 (1) (j) of the RTI Act.
3. On appeal, the Appellate Authority had upheld the decision of the
CPIO vide order dated 14.1.2008.
4. The present appeal has been directed against the order of the CPIO/AA.
5. The matter was earlier heard on 27.11.2008 but was adjourned. The
hearing was resumed today dated 30.1.2009. The appellant is represented by
Shri A.K. Jain. The Income Tax Department is represented by the officers
named above. It is the submission of Shri Jain, that he is now not interested in
seeking information in regard to other points but for point No. (C). Point No.
(c) is reproduced here below :-
“Whether the concerned Income Tax authorities ever tried to find out
the source of Investment of Rs. 12,77,53,974/- said to be invested by CAPL
on the said project of refurbishing the Sarva Priya Club during the period
between January, 2003 to September, 2005. In fact the amount as whole
which has been invested by EAPL in the said project is belonging to the public
which has been collected by EAPL from time to time in the shape of
membership.”
It is his submission that the information furnished by him to the Income
Tax authorities concerns alleged tax evasion by M/s EAPL and as an informer
he expects appropriate legal action in the matter.
6. Shri Punia would submit that the Department has initiated action as per
law but the whole process is at a very preliminary stage and any disclosure at
this stage would be pre-judicial to the on going inquiry.
7 The submission of Shri Punia has force. Hence, it would be expedient
to allow Shri Poonia some time to take inquiry to its regional end.
INTRIM DECISION
8. In view of the above, Shri Punia is directed to expedite the ongoing
inquiry. The matter is adjourned and shall be taken up after 04 months 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