Central Information Commission Judgements

Shri Raj Kumar Garg vs Income Tax Deptt. on 15 January, 2010

Central Information Commission
Shri Raj Kumar Garg vs Income Tax Deptt. on 15 January, 2010
          CENTRAL INFORMATION COMMISSION
       Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066


                            File No. CIC/LS/A/2009/000794
                      Shri Raj Kumar Garg -Vs- Income Tax Deptt.

                                                                           Dated : 15.1.2010

       This is in continuation of this Commission's Interim decision Dated 31.12.2009.
As scheduled, the matter is called for hearing today dated 15.01.2010. Appellant present
alongwith his counsel Shri V.K. Sabharwal, Advocate. The Department is represented by
Smt. Meenakshi J. Goswami, Additional CIT and Shri Subhash Kamra, ITO, Ward-28(3).

2.     As noted in para-1 of the Interim Order under reference, the main request of the
appellant is for obtaining a copy of the letter received by Assessing Officer from DCIT,
Central Circle-19, alongwith its enclosures. Smt. Goswami would submit that DCIT,
Circle 19, while completing assessment in respect of Shri Brij Mohan Gupta, found
evidences about 500 individuals/entities regarding cash loans having been advanced to
various parties against 'hundis' etc. and the appellant's firm is one such entity. She
would also submit that information in respect of third parties cannot be disclosed to the
appellant but she has no objection to provide a copy of the extracts in respect of the
appellant's firm appearing at Entry No. 177 in the DCIT's letter.

3.     She would also submit that she could not appear before the Commission on
31.12.2009 as being the last day of the year, it was mandatory for her to be in the office
and due to this reason, she had made a request to the Commission to adjourn the
proceedings. She requests for waiving off the compensation of Rs. 1,000/- awarded to
the appellant for her non-appearance on that day.

                                      DECISION
3.      In view of the above discussion, the CPIO is hereby directed to provide extracts
relating to the appellant's firm to the appellant in a week's time. Besides, the
clarification given by Smt. Goswami appears to be satisfactory and the compensation is
waived off.
                                                                                    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. Meenakshi J. Goswami,
Addl. CIT, Income Tax Department,
Range 28, Room No. 212,
Drum Shape Bldg., I.P.Estate,
New Delhi-110002.

2. Shri Subhash Kamra,
Income Tax Officer, Ward-28(3)/CPIO,
Office of the ITO, Room No. 214,
Drum Shape Bldg., I.P. Estate,
New Delhi-110002.

3. Shri Raj Kumar Garg,
M/s Dev Dutt Prasad Raj Kumar Garg,
6112/23, Ram Dev Market, Khari Baoli,
Delhi-110006.