Central Information Commission Judgements

Shri Milap Choraria vs Addl. Director Of Income Tax (Inv) on 15 June, 2009

Central Information Commission
Shri Milap Choraria vs Addl. Director Of Income Tax (Inv) on 15 June, 2009
            CENTRAL INFORMATION COMMISSION
         Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

                             File No. CIC/AT/A/2008/01214/LS

Appellant                :       Shri Milap Choraria
Public Authority        :        Addl. Director of Income Tax (Inv)
                                 (through Shri Mahesh Shah, Addl. DIT & Shri Zh.
                                 Tanvir, ADIT (Inv), Kolkata)

Date of Hearing          :       15.6.2009
Date of Decision         :       15.6.2009
Facts

By his letter of 17.3.2008, the appellant had requested for the following
information :-

“That during the hearing in complaint case No. CIC/AT/C/2007/00396 on
13th March, 2008, Mr. Sumohan Chakravarty pleaded before Hon’ble Information
Commissioner Shri A.N. Tiwari that Shri Choraria mentioned in his complaint about
alleged payment of Rs. 39 lakhs, including Rs. 19 lakhs shown in the deeds executed
for the purchase of the property comprises in premises No. 53, Ramtanu Lahiri
Sarani, Kolkata. He not made any complaint against violation of section 269UC of
the Income Tax Act, in the matter.

Therefore, under section 6 (1) of the Right of Information Act, 2005, I want
certified copy of my said particular complaint which was mentioned by Shri
Sumohan Chakravarty, at the time os such hearing.”

2. The CPIO had declined to disclose the information on the ground that the
appellant had relied on alleged ‘oral means of communication.’ The Appellate
Authority had upheld the decision of CPIO vide order dated 4.6.2008 also on the
additional ground that the information was exempted in terms of notification dated
28.3.2008.

3. The matter was heard on 15.6.2009. The appellant is not present and has
telephonically requested the Commission to adjourn the matter due to circumstances
beyond his control. The public authority is represented by the officers named above.

DECISION

4. The matter is adjourned to 16.7.2009 at 1100 hrs. Notices be issued to the
parties for appearance.

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