1208 SPGoyalVsITD 08 09 5 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/AT/A/2008/01208/LS
Appellant: Shri S.P. Goyal
Public Authority: Income Tax Department
(through Shri F.C. Shiva,
Tax Recovery Officer)
Date of Hearing: 08/09/2009
Date of Decision: 08/09/2009
FACTS
:-
By his letter of 23/03/2008, the Appellant have requested for information on the
following 04 paras:-
“1. Please inform whether the demand is with reference to Income Tax
Appellate Tribunal order dated 25/11/2005.
2. Please inform according to the order the matter has been restored
to the file of Commissioner of Income Tax under para 7.
3. Please inform the No. & date of the order passed by the
Commissioner of Income Tax against this order.
4. Please inform the basis of your sending demand vide your letter
dated 28.12.2007 (copy enclosed).”
2. Vide his order dated 28/05/2008, the CPIO had transferred para 1 & 2 to CPIO,
Ward 12(2), C.R. Building, I.P. Estate, New Delhi. Para 3 was transferred to
CIT(Appeal)-XV, New Delhi. As regards point 4, the CPIO had observed as follows:-
“Regarding point No. (iv), it is stated that notice dated 28/12/2007 was issued based
on the revised demand informed by Income Tax Officer Ward 12(2), New Delhi.”
3. The Appellate Authority had disposed of the matter vide his order dated
05/08/2008.
4. Heard on 08/09/2009. Appellant present. The public authority is represented by
the officer named above. The appellant forcefully submits that he has got no response
from the officers to whom paras 1,2&3 of his RTI application were transferred. He would
not only request for requisite information from them but also would urge for
compensation of Rs.4,650/- for deemed denial of information. He would also plead that
action u/s 20 of RTI Act should be initiated against them.
1208 SPGoyalVsITD 08 09 5 2
5. However, as regards para 4, he would plead for a copy of the revised Demand
Notice along with the date of its receipt by him. Shri Shiva has no objection to provide
this document.
DECISION
6. It is regrettable that CPIO Ward XII-2 and CIT(Appeals)XV, New Delhi, have not
provided any information to the appellant so far in regard to the paras mentioned above.
They are hereby directed to provide requisite information to the appellant in next three
weeks time as per law. They may also explain why action u/s 20(1) of the RTI Act should
not be taken against them.
7. As regards para 4, Shri Shiva is directed to provide requisite information to the
appellant in four weeks time, as agreed by him.
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) Shri S.P. Goyal,
103 A, Krishna Chambers,
59, New Marine Lines,
Mumbai-400020.
(2) Shri F.C. Shiva
The Tax Recovery Officer Range-12,
Central Revenue Building,
I.P. Estate, New Delhi-110002.
(3) The Commissioner of Customs (I&G),
New Customs House, Near IGI Airport,
New Delhi.
(4) The Chief Commissioner of Customs,
Delhi Zone, New Customs House,
Near IGI Airport, New Delhi.