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Decision No. CIC /PB/A/2008/01171/SG/1816
Appeal No. CIC/PB/A/2008/01171/SG
Relevant Facts
emerging from the Appeal
Appellant : Mr. Rakesh Malik,
BF-45, 2nd Floor, Janak Puri,
New Delhi-110058.
Respondent : Mr. Kishan Kumar,
Joint Commissioner & PIO,
Delhi Government
Department of Trade & Taxes,
(VAT/Sales Tax),
Bikrikar Bhawan, New Delhi.
RTI application filed on : 22/04/2008
PIO replied : 15/05/2008
First appeal filed on : 21/05/2008
First Appellate Authority order : 02/07/2008
Second Appeal filed on : 09/12/2008
The appellant had asked in RTI application regarding to M/s. Malik &
Company, B-52, Okhla Industrial Area, Phase-I, Delhi-110020, TIN No.
07650079412. Detail of required information:-
S. No. Information Sought. The PIO replied.
1. 1. Please inform the name of partners as per The requisite
record as on 01/04/1990. information as
2. Please supply a certified copy of FORM 37 sought cannot be
issued on 27/02/1992 and specify the name of provided as available
person who collected the same and in what record of the word in
capacity. which the
3. Please inform about the receipt of any jurisdiction of the
information regarding the change in firm falls, shows that
constitution of the firm after 01/04/1990, and Registration
supply certified copy of all the papers certificate of the firm
received, if any, to effect that change, also has been cancelled
please supply the certified copy of the related with effect from
noting side of the file. 30/01/1992 i.e.
4. Please supply all the certified copies of the before this ward
Papers submitted to you for cancellation of came into existence
the Registration number, who submitted the and no other
application for cancellation of RC and on record/case file is
what date. also please supply the related kept in the ward.
notings for cancellation.
5. Please supply a certified copy of the
AFFIDAVIT dated 1994 filed for explaining
the reason of decrease in the sale pertaining to
the year 1989-90.
The First Appellate Authority ordered.
“The appellant was present. The appellant required some information about the
firm M/s. Malik & Company, of whom he was a partner. The appellant further, submits
the copy of the challan through which deposited the tax on 07/02/1992 and the copy of the
receipt which also indicated the DCR No. further, it was submitted during the proceeding
that TIN no. was also allotted to the company after the implementation of DVAT Act, on
01/04/2005. after perusing the case I am of the opinion that the PIO may look into the
matter once again in the light of the documents given by the appellant and provide the
information as admissible under RTI Act, and not specifically prohibited under DAVT
Act, 2004 within 15 days”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Rakesh Malik
Respondent: Mr. Suresh Bhandari Jt. Commissioner & PIO
The firm had been deregistered in 1992 and as per the record weeding schedule shown by
the respondent. The PIO is asked to give this in writing to the appellant.
Decision:
The appeal is allowed.
The PIO will give information to the appellant before 28 February 2009 that the records of
1992 have been destroyed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
19 February 2009.
(In any case correspondence on this decision, mention the complete decision number.)