Central Information Commission Judgements

Shri Kaushal Kishore Garg vs Income Tax Department, Gwalior on 18 March, 2009

Central Information Commission
Shri Kaushal Kishore Garg vs Income Tax Department, Gwalior on 18 March, 2009
     CENTRAL INFORMATION COMMISSION
 Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-
                                 110066

                    File No. CIC/LS/A/2009/00142

Appellant          :      Shri Kaushal Kishore Garg
Public Authority :        Income Tax Department, Gwalior
                          (through Shri A.R. Suryanshi, ITO)

Date of Hearing :         18.3.2009
Date of Decision :        18.3.2009

Facts

By his letter dated 1.7.2008, the appellant had sought
information on 13 points regarding Range-1, Gwalior on 14 points,
regarding Range-2, Gwalior and on 13 points regarding Range-3,
Gwalior.

2. The CPIO had declined to disclose the information under
section 8 (1) (j) of the RTI Act vide his letter dated 29.7.2008.

3. On appeal, the Appellate Authority had upheld the decision of
the CPIO vide order dated 15.9.2008.

4. Hence, the present appeal.

5. The matter was heard on 18.3.2008. The appellant appeared
before the Commission. The public authority is represented by the
officer named above. It is the submission fo the appellant that
under the order of the Chief Commissioner of Income Tax, the
cases relating to the gifts for the years 2004-05 & 2005-06 were re-
opened. However, after the transfer of the said CCIT, the files were
closed and thereby favours were allegedly shown to the assesses in
s number of cases. During the hearing he, would submit that he had
handed over the charge of ITO, Range-2, (Wrd-III), Gwalior, on
30.6.2005 had listed out 145 gift cases in the charge report. He
would like to know as to what action has been taken in this regard
by the concerned Assessing Officers.

DECISION

6. The request of the appellant is fair. Hence, Shri Suryavanshi
is hereby directed to provide information requested for by the
appellant in next 06 weeks time, in cases wherein gifts were of over
Rs. 2 lakhs.

7. 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