CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/000184
Appellant : Shri K.K. Agarwal
Public Authority : Income Tax Department
(through Shri Rajesh Chandra, Asstt. Director (DIT))
Date of Hearing : 20.3.2009
Date of Decision : 20.3.2009
Facts
By his letter of 8.11.2008, the appellant had requested for information on 04
points relating to the complaint lodged by him against Shri M.L. Jain for evasion of
Income Tax etc and the matters related therewith. As he did not receive the requisite
information, he has filed the present complaint before the Commission which has
been erroneously registered as Appeal.
2. The matter was heard on 20.3.2009. The complainant did not appear before
the Commission. The public authority is represented by the officer named above. It
is the submission of Shri Rajesh Chandra that the Directorate of Income Tax (Inv) is
included in the Second Schedule appended to the RTI Act and, therefore, is
exempted from providing any information to the appellant. He would also submit
that there are certain issues in the RTI application which are required to be dealt with
by CIT-XVI, Mayur Bhawan, New Delhi and he has written to him accordingly vide
letter dated 28.11.2008. Shri Umesh Tyagi, Department of Trade Taxes, Govt. of
Delhi is also present. It is his say that whatever information is available with them
regarding the charging of VAT on certain transactions, the same has already been
provided to the appellant.
DECISION
3. It is no doubt true that DIT is exempted from the RTI Act but the Asstt.
Director RTI has made a reference to CIT-XVI, Mayur Bhawan, New Delhi, in
regard to certain issues. Hence, the latter is hereby directed to take appropriate
action as per the provisions of RTI Act.
4. The matter is disposed of subject to the above directions.
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