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CENTRAL INFORMATION COMMISSION
*****
F. No. CIC/AT/A/2008/00008
Dated: 17 July, 2008
Appellant : Shri S.P. Goyal
Respondents : Income Tax (Inv.), Ludhiana.
This second-appeal filed by Shri S.P. Goyal, Mumbai (Appellant) came
up for hearing on 2.6.2008. Hearing was held through V.C. and both
appellant and the respondents were present at NIC Studio, Ludhiana and
Mumbai respectively.
2. In his RTI request dated 20.9.2007, the appellant wanted to know as
to whether the respondents destroyed the file of M/s. Sanjeev Woollen Mills
for the Assessment Year 1997-98 or there was no file or report ever issued
from the office which is used by Dy. Commissioner of Income Tax, Central
Circle 20 in his order dated 27.3.2000 and if records are destroyed copies of
destroy register be provided where detail of relevant file was mentioned.
3. The CPIO through communication dated 23.10.2007 intimated that
“no such record is available with this office”. The first appeal dated
2.11.2007 of the appellant was dismissed by AA vide his order dated
3.12.2007 holding that the CPIO had already given full reply to the
appellant. He also stated that the information available with CPIO could
alone be given by him to the appellant. Information that was not in the
control of the CPIO could not be given.
4. Appellant in this second appeal dated 15.12.2007 stated that CPIO
should be asked to file an affidavit that no such record was available nor was
it transferred to any other office.
-: 2 :-
Decision:
5. After going through the records and hearing the parties, I do not find any
justification in the appellant’s demand to ask CPIO to file affidavit. The
categorical statements made by CPIO and AA in this regard are sufficient to
assert the facts stated by them. I uphold the decision of the AA and reject the
appeal.
6. Copy of this decision be sent to the parties.
Sd/-
(A. N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by
Sd/-
(D.C. Singh)
Assistant Registrar