CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/S/A/2009/00139
Appellant : Shri M.L. George
Public Authority : Income Tax Department
Date of Hearing : 5.3.2009
Date of Decision : 5.3.2009
Facts
By his letter of 29.5.2008, the appellant who is the Secretary of Catholic Laymens
Association, Kozhikode, had sought information on 06 points relating to the Income Tax
Return filed by Roman Catholic Diocese of Thamarasserry from 1997 to 2008-09.
2. The CPIO had refused to disclose the information on the ground it was a third party
information vide order dated 27.8.2008.
3. On appeal, the Appellate Authority had upheld the decision of CPIO vide order
dated 29.9.2008.
4. The present appeal is directed against the order of the CPIO/AA.
5. The matter was heard on 5.3.2009. Advocae C.S. Rajni appeared on behalf of the
appellant. Nobody appeared for the Income Tax Department. It is her say that in the first
appeal, the appellant had pleaded that the opposite party was evading Income Tax in a
deceitful manner but her pleadings were not considered by the Appellate Authority in his
order under reference.
6. The representative of the Income Tax Department is not before the Commission to
have his say in the matter. Besides, the issues raised by Advocate Rajni rightfully fall in the
domain of the Income Tax authorities. In view of this, it would be fit and proper to remand
the case back to the First Appellate Authority to re-visit the matter for an appropriate
decision.
DECISION
7. In view of the above, Shri S.R. Senapati, Addl. Commissioner, Income Tax, Range-
II, Kozhikode, Kerala, is hereby directed to re-visit the matter and decide the same after
giving an opportunity of hearing to the appellant.
8. The order of the Commission may be complied within 04 weeks time.
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