675 SujeshChampaklalSuratwalaVsITDNavsari 15 09 9 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/LS/A/2009/000675
Appellant: Shri Sujesh Champaklal Suratwala
Public Authority: Income Tax Department, Navsari
(through Shri H.P.Meena,Addl.CIT,Navsari)
Date of Hearing: 15/09/2009
Date of Decision: 15/09/2009
FACTS
:-
The matter, in short, is that by his RTI application dated 14/11/2008, the
Appellant had sought information on 18 paras relating to the issue of request letters by
JCIT, DCIT and ITOs posted at Navsari for A/Y 2007-08 under the system of E-filing.
Shri Sameer Vakil the then JCIT, Navsari, had responded to it vide letter dated
12/12/2008 in respect of his own jurisdiction. S/Shri G.R. Konkani, B.M. Rathod, R.P.
Bhavsar and Shri M.D. Mahira, had furnished responses to the appellant vide their
respective letters dated 12/12/2008. On Appeal, Shri Sameer Vakil (the Appellate
Authority) has disposed of the matter vide his order dated 27/02/2009 wherein he had
broadly upheld the decisions of the CPIOs, holding that some part of the information was
non-disclosable in terms of section 8(1)(e) and section 7(9) of the RTI Act.
2. The present Appeal is directed against the orders of the CPIOs and the AA.
3. Heard on 15/09/2009. Appellant is present along with Shri Tarun Ghia, Chartered
Accountant. The public authority is represented by the officer named above. During the
hearing Shri Meena submits a written representation which is taken on record. A bare
perusal of the representation indicates that information in regard to the number of notices
issued by the Deptt. has already been provided to the appellant. Information also appears
to have been provided on some other paras. However, Shri Ghia is not satisfied with the
information provided and specifically requests for information on paras:-
(I),(L),(M),(N),(O),(P),(Q) & (R). However, Shri Meena has objection to provide
information sought in para (I) vide which copy of the circular/instructions containing
criteria for selection of Income Tax Returns has been sought. Shri Meena would submit
that para 03 of the Guidelines forbids disclosure of the circular/Guidelines and this has
been upheld by a Full Bench of the Commission in File No.CIC/AT/A/2007/00617
dated 11/02/2008 (Kamal Anand Vs. Director(ITA-II) CBDT). We have carefully gone
through the aforesaid decision of the Commission and we are satisfied that this
information is not disclosable as held in above mentioned decision of the Commission.
675 SujeshChampaklalSuratwalaVsITDNavsari 15 09 9 2
DECISION
4. In view of the above discussion, Shri Meena is hereby directed to provide
information regarding paras (L),(M),(N),(O),(P),(Q) & (R) to the appellant in 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
Tele: 011 2671 73 53
Fax: 011 2610 62 76
Copy to:- (1) Shri Sujesh Champaklal Suratwala,
7/538, Mota Bazar,
B/h, Police Station,
Navsari-396445(Gujarat).
(2) Shri H.P.Meena,
Addl.Commissioner of Income Tax,
Navsari Range, Navsari,
Gujarat-396445.
(3) The Deputy Commissioner of
Income Tax,
Navsari Circle, Navsari,
Gujarat-396445.
(4) The Joint Commissioner of
Income Tax & CPIO,
Navsari Range, Navsari,
Gujarat-396445.
675 SujeshChampaklalSuratwalaVsITDNavsari 15 09 9 3