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contraactors

Details From Income Tax department

Question

contraactors

Hello,

can a person who was the director of the company till 2009 get the copy of the Income Tax Return filed by the company ,from the department ,

for his personal use.

 

The copy of the return is required for the year 2005-2006 when he was a director.

 

Does this fall under exemptions?

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12 answers to this question

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Sunil Ahya

> There is no harm in filing a RTI application, simply file one and find out for yourself.

Let the PIO respond to the RTI application (please note that you may have to wait for 35 to 40 days to receive a response from the PIO).

 

Once you receive the response from the PIO, come back to the forum and the members will guide you further.

 

 

> Kindly refer to the following links:

Guide to drafting a good RTI application.

RTI Act offers three levels to obtain a required information.

 

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RAVEENA_O

Also please go through para 31 onwards of the judgment of Delhi High Court in Escort's case.

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Sunil Ahya

> Please be aware that the facts of each case are different (i.e. in your particular case you were the director of the company until 2009 and that you are seeking a copy of ITR for the year 2005-06 when you were a director with the company at that point in time) and as such the afore-mentioned court judgment may not be directly applicable to the facts of your case.

 

> Kindly do not worry about the exemptions at the stage of filing a RTI application, as reasoned below:

As per
section
7(1):
A PIO is supposed to either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9.

 

As per
section
19(5):
In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the PIO who denied the request.

 

And furthermore as per
section
6(2)
:
An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

 

Therefore given the provisions of
section
7(1) read with
section
19(5) and further read with
section
6(2)
:

The onus i.e. the burden of proof, for either providing or not providing the information is on the PIO who approves or declines a request for information, and,

 

The onus is not on any RTI applicant to justify or give reasons for having sought an information, irrespective of whether such information is disclosable or exempt under RTI Act.

 

Thus, for the above given reasons, you as a RTI applicant need worry about exemptions, at the stage of filing a RTI application itself.

 

Kindly go ahead, file a RTI application and seek all the information that you may require, let the PIO decide as to whether the information is disclosable or exempt under RTI Act and reply accordingly, study the PIO's reply and if you are not satisfied with the PIO's response, you are always at the liberty to file a first appeal against a PIO's such a decision.

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Prasad GLN

You are an affected party. Invariably mention in Applicant name: Name and later designation of director within brackets year. The standard reply you can expect from them is records not available.

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contraactors

The CPIO has on the pretext of Section 8, refused the copy stating it to be third party.

Now should he go to CIC , if yes can some one refer to me such citation , if possible?

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CTFORGK2

He is/was a director at that time is no matter .

 

In rti is your asked DOCUMENT AVAILABLE FOR CITIZENS ?

IF NO then pio is right .

 

Director should have deserved doc ON POST officially not by rti as director so was as equal as company board .

 

So what is your basic argument why asked info is not in exemption ?

Only because he was director ?

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contraactors

The application was from the director himself and the copy of the balance sheet is required for himself and not for citizens.

My question is if the man who was a part of ownership can get his own details or not to know what were his financial standings at the time of his directorship.

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CTFORGK2

A person / accountant who filed return is OWNER in eyes of i.t. dept.

Else all THIRD PARTY .

 

if submitter will ask I think its not third party.

Else all even director all nothing for it dept.

I think so .

 

If sign of submitter are in rti case raises .

But alone director - as you wish.

 

I think it dept will not check who why when runs company but will check who signed-submitted it & which NAME SIGN DEMANDING ?

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jps50

Please file first appeal and specially mention that you were director in the year for which information is being sought.

 

Please also refer:

 

Third party rights:

http://www.rtiindia.org/forum/blogs/jps50/292-rights-third-party-under-rti-act.html

https://app.box.com/s/ag9eipw3b3dzz5ok1co9

 

Third party info denied?

http://www.rtiindia.org/forum/blogs/jps50/2221-third-party-information-denied-under-rti.html

https://app.box.com/s/ujbv7o1to6h2fjb4l0p6

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contraactors

This was written in the application still on the pretext of third party cpio has denied.The applicant has to submit the same in an upcoming legal case in high court.

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Prasad GLN

Immediately file first appeal and state that A director/partner is not a third party and inform that the information is urgently required for a litigation evidence.

Let RTI case take it's own course, meed IT commissioner immediately, he is having the discretion to permit any information available on record to a third party. Contact your Auditor/advocate and directly meet him and file a Grievance Petition.

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