CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00128
Dated, the 23rd July, 2008.
Appellant : M/s. C.B. Suratwala & Sons
Respondents : Income Tax Department
This matter came up for hearing on 17.07.2008 pursuant to Commission’s
hearing notice dated 13.05.2008. Appellant was absent, while the respondents
were represented by Shri J.R. Barolia, Commissioner of Income Tax-III, Surat.
2. The short-point for decision in this case is whether the report of the
Assistant Director of Income Tax (Investigation)-III, as requested by the
appellant, through his RTI-application dated 25.08.2006 be allowed to be
disclosed.
3. During the hearing, the respondents pointed out that the Assistant Director
of Income Tax (Investigation) forms part of the Directorate General of Income
Tax (Investigation), which has been exempted from the jurisdiction of the
RTI Act in terms of Section 24 read with Second Schedule of the Act, through
the Government’s notification dated 27.03.2008 (Ministry of Personnel, Public
Grievance and Pensions). As such, the information related to the Assistant
Director of Income Tax (Investigation) is barred from disclosure.
4. The contention of the respondents is accepted. As Directorate General of
Income Tax (Investigation) is admittedly an exempt organization, no information
emanating from any officer of that Directorate can be allowed to be disclosed no
matter where it is held.
5. In view of the above, it is directed that the requested information cannot
be divulged.
6. Appeal Rejected.
7. Copy of this decision be sent to the parties.
Sd/-
( A.N. TIWARI )
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
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