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CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Complaint No. CIC/S/A/2009/000078
Complainant: Smt. Swarna Devi
Public Authority: Income Tax Department, Jammu
(through Shri Virender Singh, CIT, Jammu
&Kashmir&Shri G.S. Batram,ACIT,Jammu)
Date of Hearing: 12/02/2009
Date of Decision: 12/02/2009
FACTS
:-
The background of the matter is that Col Baldev Singh Sanyal had left a Will
dated 30th September, 1981 in favour of his wife Smt. Chain Devi in regard to properties
situated at Jammu & Srinagar. They had two sons and nine daughters, the complainant
being one of the daughters. His son’s name was Sukhdev Singh who was married to Smt.
Sita Devi. Smt. Chain Devi expired without leaving a Will behind. A civil suit is going
on between the children of Smt. Chain Devi relating to the ownership rights of the
properties.
2. It may be added that the Deputy Commissioner, Srinagar, vide his order dated
04/03/2008, has vested the rights relating to the properties in question in favour of Smt.
Sita Devi.
3. It is in this context that complainant Swarna Devi had sought information from
Income Tax Commissioner, Jammu, on twenty points, vide her letter dated 08/09/2008.
It appears that no information was provided to the complainant. Hence, the complainant
has filed the present complaint before the Commission which has been wrongly classified
as Appeal by the Registry of the Commission. It needs to be re-registered as a complaint.
4. Be it as it may, the matter was heard on 12/02/2009. The complainant Swarna
Devi is represented by her son Kunwar Rakesh Singh. The Income Tax Department is
represented by the officers named above. It is the submission of Shri Virender Singh
that the complainant had written a number of letters to the Income Tax Department,
which was responded to, from time to time. When queried whether the Department had
responded to the complainant’s letter dated 08/09/2008, he would submit that a number
of letters were responded to but not this letter.
5. On the other hand, it is the submission of Kanwar Rakesh Singh that the
information sought by his mother in points 5 to 20 is vital for her and she urgently needs
point-wise information on the above points.
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6. The submission of Kanwar Rakesh Singh has force. The letter under reference
should have been responded to in the prescribed time-frame by the CPIO.
7. Be it as it may, Shri G.S. Batra, ACIT, Jammu, CPIO, is hereby directed to
furnish point-wise information on point No.5 to point No.20, as available in his records,
to the complainant, in next three weeks time.
8. If the Appellant is not satisfied with the information furnished to him, he is
advised to file Appeal before the First Appellate Authority. If he is still not satisfied with
the decision of the Appellate Authority, he would be at liberty to move the Commission
again.
9. The matter is disposed of subject to the above directions.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional cop ies 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