Central Information Commission Judgements

Shri Bhavesh Chandra Mittal vs Ito-2, Kashipur on 21 August, 2009

Central Information Commission
Shri Bhavesh Chandra Mittal vs Ito-2, Kashipur on 21 August, 2009
610 BhaveshChandraMittalVsITO 2 Kashipur 21 08 5               1



                             CENTRAL INFORMATION COMMISSION
                       Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
                                     Appeal No. CIC/LS/A/2009/000610

Appellant:                                                      Shri Bhavesh Chandra Mittal

Public Authority:                                               ITO-2, Kashipur

Date of Decision:                                               21/08/2009

FACTS

:-

By his RTI application dated 03/10/2008, the Appellant had requested the CPIO
to provide him certified copies of assessment orders in respect of Shri Ashish Raj Mittal
and his wife SmtVandana Mittal and particulars of taxes paid by them and other financial
details.

2. The CPIO had refused to disclose this information u/s 8(1)(j) of the RTI Act, vide
his letter dated 03/11/2008. The Appellate Authority had upheld the decision of the
CPIO vide order dated 11/12/2008.

3. Hence, the present Appeal.

4. The matter was called for hearing on 21/08/2009. The parties die not appear.
Hence, it has been decided to dispose of the matter on the basis of the material on record.
We have carefully gone though the Appeal filed by the Appellant. He has not adduced
any strong legal ground to persuade the Commission to reverse the decisions of CPIO and
AA. In fact, the Appellant has sought personal information in regard to third partyand
denial of such information is in line with the Full Bench Decision dated 15/06/2009 of
this Commission in File No. CIC/AT/A/2008/00628 (Milap Choraria Vs CBDT) in which
it has been held that the Income Tax Returns are ‘personal information’ and, therefore,
not disclosable under section 8(1)(j) of the RTI Act.

DECISION

5. The orders of the CPIO and AA do not call for any interference. The Appeal is,
therefore, dismissed.

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
610 BhaveshChandraMittalVsITO 2 Kashipur 21 08 5 2

Address of Parties :-

1. Income Tax Officer-2
O/o Addl. Commissioner of Income Tax,
Kashipur, Udhamsingh Nagar,
Uttarakhand.

2. Shri Bhavesh Chandra Mittal
SDM Court Compound, Anaj Mandi,
Jaspur, Udhamsingh (Uttarkhand)