CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/000232
Appellant : Shri Vimal Gogia
Public Authority : Income Tax Department
(through Shri R.K. Chopra, ITO, Ward 31(3), New
Delhi)
Date of Hearing : 30.6.2009
Date of Decision : 30.6.2009
Facts
By his letter of 8.8.2008, the appellant had requested for the following
information :-
“(i) Who is filing Income Tax returns from the above address for the last five
years and in what capacity viz. Individual/Firm/Company? Please provide
details for such returns for the last 05 years;
(ii) Whether M/s Jayshree Trading Corporation ever filed an income tax return
from the above address & if so
(a) For which period?
(b) When did they stop filing returns?
(iii) Whether Mr. Narinder Pamnani s/o Mr. Pokar Das having PAN No.
AAAPP1522G has been filing tax return from the above address and if so:
(a) Under which category viz. Employee/Businessman/Professional?
(b) Please advise the period for which the above person is filing returns.”
2. The CPIO had sought objections from Shri Narinder Pamnani (third party)
and in view of his objections had refused to disclose information under clauses (e) &
(j) of section 8 (1) of the RTI Act. On appeal, the Appellate Authority vide order
dated 18.9.2008 had upheld the decision of the CPIO.
3. The present appeal is directed against the order of the CPIO/AA.
4. The matter was heard on 30.6.2009. The appellant is present. The public
authority is represented by the officer named above. When queried about his status
vis-à-vis the property in question (Shop No. 68, Bhagat Singh Market, New Delhi),
the appellant would claim that he is the owner of the property. When queried as to
the purpose for which he is seeking the aforesaid information, he would submit that
the law does not mandate him to disclose it.
5. On the other hand, Shri Chopra would forcefully plead that the information
sought by the appellant is third party information and as Shri Pamnani has
vehemently objected to the disclosure of information it would not be in larger public
interest to disclose the same. The information sought by the appellant is the identity
of the person who is filing ITRs since last 05 years using Shop No. 68, Bhagat Singh
Market, New Delhi, as his address. In the Commission view no harm will be caused
if the identity of such person is disclosed to the appellant. However, the rest of the
information sought by the appellant appears to have been correctly denied in view of
the exemption clause of the RTI Act.
DECISION
6. In view of the above, the CPIO is directed to disclose the identity of the
person who is filing ITRs with the address of Shop No. 68, Bhagat Singh Market,
New Delhi. He need not disclose any other information requested for by the
appellant.
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
Addresses of parties :-
1. Shri R.K. Copra, 2. Shri Vimal Gogia,
ITO, Ward 31(1), R-714,
Room No. 334-A, New Rajinder Nagar,
C.R. Building, IP Estate, New Delhi-110002
New Delhi.