Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
  • 0
MANOJ B. PATEL

What is remedy to get Income tax returns ?

Question

MANOJ B. PATEL

In a case of H.N. Shah v I.T. Department CIC/MA/A/2008/156, Neeru Bajaj v I.T. Commissioner CIC/AT/2006/644, I.K. Sachdeva v D.G.of I.T. CIC/AT/A/2008/170 it is held that income tax returns was personal information, so disclosure of it was prohibited.

 

is there any remedy to get the information on this issue ?

Share this post


Link to post
Share on other sites

6 answers to this question

Recommended Posts

  • 0
koteswararaonerella

You are very clear Mr.Manoj B.Patel as this point is being asked REPEATEDLY by different members and now they will be very clear.

Share this post


Link to post
Share on other sites
  • 0
GirijaSiva

Income tax returns were provided for reasons such as administration of justice and others.

 

You can refer to CIC/LS/A/2010/001044 , CIC/LS/A/2009/000647/SG/5887 , CIC/DS/A/2012/000174 etc.. where IT returns were provided.

 

A search in this forum will provide you with more such decisions.

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

You have to establish larger public interest like corruption, disproportionate assets of a Govt., Servant or any crime part.

Even without RTI , you can meet Commissioner of IT, and he is empowered to disclose any information he deem fit.

What is the purpose, and how applicant wanted the information is most important. I have filed 3 appeals against IT and all appeals are in favour of applicants only inspite of that decision that IT returns are personal, as I solicited only part of information, and made a complaint on evasion of tax. As an informer, as per IC MC Sharma Decision, PIO has to consider for providing of information.

 

You are sure that you may not win, but attempt to make a stronger ground of LPI.

Share this post


Link to post
Share on other sites
  • 0
Priya De

Discrimination can also be a ground of public interest

Share this post


Link to post
Share on other sites
  • 0
koteswararaonerella

Who will establish that there is DISCRIMINATION TO CLAIM :PUBLIC INTEREST"? Mostly these IT rerurns of the THIRD PARTY are asked by business establishments to settle their scores with other business persons with whom they are not happy.Unless it is asked for a just cause DISCLOSURE affects the CONFIDENTIALITY WITH WHICH THE RETURN WAS FILED.

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

While Act says that reasons for seeking information is not required to be stated by Applicant, when there are exemptions, to convince PIO, the reasons for large public interest have to be stated (As sever ICs dismissed the case stating that applicant has not stated larger public interest). Facts may differ from case to case and it is left to the applicant to build up the case and strengthen it with studding the larger public interest also in the material with a reasonable submission.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • MANOJ B. PATEL
      By MANOJ B. PATEL
      R/Moderators, can information of an ongoing investigation be given in special circumstances ? i.e to the victimised person. please also provide judgements if any.
    • jkmgupta
      By jkmgupta
      mujhe ramleela cometty ki information chahiye ki fund kitna aya aur kahan kharch hua.
       
      plz help me

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy