CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/S/A/2009/000038
(Hearing at Mumbai)
Appellant : Shri S.P. Goyal
Public Authority : Income Tax Department
(through Ms. R. Bhama, CIT(A) II,
Mumbai and Shri S.S. Meena, DCIT
(HQ), Mumbai)
Date of hearing : 04.08.2009
Date of decision : 04.08.2009
FACTS
:
In his letter of 21.06.2008, the appellant had quoted para 67 of the
order dated 25.06.2007 passed by Shri Pragati Kumar, the then
Commissioner of Income Tax (Appeals)-XII, Mumbai, in Appeal
No.CIT(A)-XII/12(2)(1)/IT-396/05-06 and had sought information on 14
paras.
2. The CPIO had disposed of the matter vide order dated 22.07.2008
and the Appellate Authority vide order dated 01.09.2008.
3. Aggrieved with the above orders, the appellant has filed the
present appeal.
4. Heard on 04.08.2009 at Mumbai. Appellant present. The public
authority is represented by the officers named above. It is the forceful
submission of the appellant that the CPIO has treated his RTI application
with utmost contempt and has not responded to the queries raised by him
in the RTI application. He, therefore, forcefully pleads for point-wise
information from the CPIO. According to him, the information is
available in the appellate files but has been malafidely denied to him.
4. According to Ms. R. Bhama, information has been sought under
section 4(1)(d) read with section 2(f) of the RTI Act and not under
section 6(1) of the RTI Act and, therefore, unless the appellant files a
fresh RTI application, technically, this information cannot be provided to
him.
DECISION
5. In exercise of its plenary powers, the Commission hereby directs
the CPIO to treat the RTI application under reference as the application
having been filed under section 6(1)of the RTI Act and to provide point-
wise information as available in the records in 04 weeks time.
6. The matter is disposed of accordingly.
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
Address of parties :-
1. Ms. R. Bhama 2. Shri S.P. Goyal
CIT(A)-XII, Aaykar Bhawan, 103-A, Krishna Chamber
Maharashi Karve Marg, 59, New Marine Lines,
Mumbai-400020 Mumbai-400020