Central Information Commission Judgements

Shri S.P. Goyal vs Income Tax Officer-Xii(2)(1), … on 15 January, 2009

Central Information Commission
Shri S.P. Goyal vs Income Tax Officer-Xii(2)(1), … on 15 January, 2009
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                             CENTRAL INFORMATION COMMISSION
                       Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
                                Appeal No. CIC/AT/A/2008/00680

Appellant:                                                      Shri S.P. Goyal
Public Authority:                                               Income Tax Officer-XII(2)(1), Mumbai
                                                                (through Shri Suresh Kamble, ITO (CPIO))

Date of Hearing:                                                15/01/2009

Date of Decision:                                               15/01/2009

FACTS

:-

By his letter of 01/02/2008, the Appellant made the following request:-

“That total how many file you have received from Director of Income Tax (Inv.),
Ludhiana regarding there action under section 132 for which warrants were issued in
September 19093 and raid conducted on 14/10/2993. There is lot of correspondence with
the Director of Income Tax (Inv.). Ludhiana regarding there various incorrect and illegal
actions. Please give the file number and total pages in each file and also provide certified
copy of the covering letter received by you from director of Income Tax(Inv.), Ludhiana
while sending you all the files from Ludhiana.

2. The CPIO vide his order dated 03/03/2008, had allowed inspection of the relevant
file.

3. On Appeal, the Appellate Authority, vide his order dated 03/04/2008 had upheld
the decision of CPIO and allowed inspection.

4. The present Appeal is, primarily, on the ground that complete and full inspection
of the relevant files has not yet been permitted by the CPIO.

5. The matter was heard on 15/01/2009. The Appellant appeared before the
Commission. The Public Authority is represented by the officer named above. It is the
submission of the Appellant that he visited the CPIO’s office many a time and piece-meal
files were shown to him but complete set of files were not provided to him and that the
order of the AA has not been implemented in letter and in spirit.

6. As per contra, it is the submission of Shri Kamble that inspection of some files
has been permitted and that he has no objection to the inspection of whole set of files by
the Appellant.

DECISION

7. In view of the above, Shri Kamble is hereby directed to permit inspection of the
relevant files on 05/02/2009 afternoon as mutually agreed by the parties. He is also
directed to furnish certified copies of the requisite document referred to at the fee
prescribed by the Central Government.

8. 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
Tele: 011 2671 73 53
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