203 PAPoonawallaVsDGIT Inv I Mumbai 10 09 9 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Complaint No. CIC/LS/C/2009/000203
Complainant: Shri P.A. Poonawalla
Public Authority: Director General of Income Tax(Inv.)-I,
Mumbai
(through Shri R.N. Parbat, Addl.DIT(Inv.),
Unit-I, Mumbai; & Shri P.S. Sivasankaran,
ADIT(Inv.), Unit-II(2), Mumbai)
Date of Hearing: 10/09/2009
Date of Decision: 10/09/2009
FACTS
:-
The matter, in short, is that Shri Karun Kant Ojha, former DDIT(Inv.), Mumbai-
II, had collected cheque No.791701 dated 28/11/2006 of Rs.1,60,46,844/- from the
complainant as Assessment Tax and deposited the same in the Income Tax Account.
The complainant feels aggrieved by the action of Shri Ojha on the ground that, perhaps,
no tax was due from him. It is in this connection that, vide his RTI application dated
12/01/2009, he had sought information on 12 paras from the CPIO.
2. Shri Santosh Kumar, DDIT(Inv.), Unit-II(2), Mumbai, vide letter dated
21/01/2009, had refused to disclose this information on the ground that DGIT(Inv.) is an
exempted organization. The complainant has not filed the first appeal before the first
Appellate Authority and, instead, has moved this Commission.
3. The matter came up for hearing on 12/08/2009 but the parties did not appear.
In view of the complexity of legal issues involved, it was decided to adjourn the case and
afford another opportunity of hearing to the parties.
4. As scheduled, the matter came up for hearing on 10/09/2009. Complainant not
present. The public authority is represented by the officers named above. Shri Parbat
submits a written representation dated 09/09/2009 signed by DGIT(Inv.), Mumbai, in
para 5 of which she has, inter alila, mentioned that, apart from the fact that DGIT(Inv.) is
an exempted organisation, the complainant has not followed proper procedure in filing
the present complaint before this Commission. Shri Parbat reiterates the same point in
the hearing.
5. The fact remains that the complainant has not moved the first Appellant Authority
against the order of CPIO. We understand that the first Appellate Authority is Addl.
DIT(Inv.), Unit-II, Mumbai. The matter in hand involves complex legal issues and we
feel that it would be expedient if the matter is first heard by the first Appellate Authority
and decided on merits. Hence, we deem it expedient to remand the case to Addl.
203 PAPoonawallaVsDGIT Inv I Mumbai 10 09 9 2
DIT(Inv.), Unit-II, Scindia House, Ballard Estate, Mumbai, to hear the matter and pass an
appropriate order on merits, after affording an opportunity of hearing to the complainant
or his representative.
6. The order of the Commission may be complied with in 05 weeks time.
7. The complainant will be at liberty to move the Commission again, if he is
dissatisfied with the order of the Appellate Authority.
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
Tele: 011 2671 73 53
Fax: 011 2610 62 76
Copy to:- (1) Shri P.A. Poonawalla,
Kamala Niwas, 1st Floor,
Proctor Road, Grant Road, Mumbai-400007.
(2) Addl. DIT(Inv.), Unit-II,
Scindia House, Ballard Estate, Mumbai-400038.
(3) Shri R.N. Parbat,
Addl. DIT(Inv.), Unit-I,
Scindia House, Ballard Estate, Mumbai-400038.