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Income Tax return details

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seekhelp

Hi,

 

I have sent RTI application to Income Tax Department of area where my spouse works seeking information of my spouse and in-law. I had also attached with my application CIC Decision No.1816/IC(A)/2008 dated 10thJanuary, 2008 which has allowed such disclosure.

 

After 15 days i received letter from CPIO asking me to send them PAN nos. of both the persons whose details i was asking.

 

I have the PAN detail of my spouse but i dont have PAN of my in-law.PAN of my spouse was made from other city where used to reside previously.

 

When i contacted CPIO he was not willing to coperate and raised further 2 grounds as follows:-

1. Since PAN card was made from different city which does not come under the Jurisdiction of their IT office hence he cant give me detail of my spouse.

 

2. Without the PAN details of in-law he cant give any detail of Income TAx.

 

My question from learned members is- are the above 2 points justified. How can I, being a common citizen, gather details of PAN.

 

Waiting for reply.

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ambrish.p

Dear Member

 

information can be denied only if it falls under sec 8 or 9.

 

please read: Section 08 & Section 09

 

File first appeal,

 

Fee: no fees for First Appeal with central public authorities.

 

Format:No prescribed format for First Appeal with central public authorities. .

 

For help/guidence please see:

 

How to write First appeal: How to write First Appeal under RTI? - RTI Guide

 

First Appeal Central Govt. Guidelines: http://www.rtiindia.org/forum/blogs/jps50/18-first-appeal-central-govt-guidelines.html

 

regards

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seekhelp

Thanks for reply.

I have gone through sections 8 and 9 and my application does not fall under it.

Moreover CIC in Decision No.1816/IC(A)/2008 has allowed such disclosure to spouse.

 

The only reason CPIO is giving is PAN No., however he is satisfied that i can be provided details.

I want to know "without having PAN of a person we cannot get Income Tax details through RTI?"

 

Is it justified for CPIO to ask the applicant (who seeks the Income Tax Details of spouse ) to provide CPIO the PAN no. of person whose IT detail is required?

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Atul Patankar

Most CPIOs just reject such application, quoting third party information or fiduciary relationship. If you get the information just by providing PAN of your spouse you will be an exception.

 

I think if the PIO has decided to provide information, asking for PAN is justified. It is the key to their record keeping. If you provide it, he can find the correct file in a very short time. Saves everybody's trouble.

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ambrish.p

Dear Member

 

Better provide pan no (as suggested by Atul Ji) and take the information as PIO is ready to furnish info.

 

regards

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vijaynaru

HI

As susggested by others above, you are surely going to be an exception if you get the IT returns by providing PAN No.

 

Details of PAN No. are available on internet and can be accessed by provideing the date of birth , last name firtst name of the person.

 

Did you get the ITR of other two whose PAN no you already have??

 

IN case you have nt get the ITR of other two then ITO may be using a trick , that neither you will get PAN no. nor you will get the ITR.

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seekhelp

Hi...thanks for reply.

I had given PAN No. to CPIO but now he is saying that since PAN is from other city so the CPIO cannot give details. I know he is using tricks because as per RTI Guidelines to CPIO the CPIO is supposed to transfer the application to other CPIO who can give details.

Please suggest what should i do.

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ambrish.p

Dear Member

 

File first appeal (the only option left) on grounds that CPIO has violated the provisions of 6 (3) and acted beyond the framework of RTI Act.

 

The PIO cannot simply refuse information on such grounds. If PIO denies under any clause, has to explain how a particular information would fall under any exemption clause. In this case PIO has not done so.

 

For help in framing FA please refer post # 2

 

regards

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seekhelp

Hi,

Since 12th March my RTI application seeking IT details of my spouse is pending, i had explained in application that i need information for maintenance case pending in court and for reference i had also attached the CIC in Decision No.1816/IC(A)/2008 has allowed PF disclosure to spouse.

 

Recently i received letter from IT Department in mid May 2010 to explain following:-

"1. Please establish as to how the information sought by you is in public interest?

2. If the information is not given to you, how the general public interest will be affected?

3. It may not be amiss to mention that in the case relied upon you, the CIC New Delhi has delineated its finding in a case pertaining to Provident Fund, the disclosure of which is in public interest."

 

Please help me draft reply and kindly suggest what to do next.

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jps50

Please try first appeal, but chances of getting this information is remote. There is no larger public interest in personal disputes. CPIO cannot ask counter questions to applicant under RTI Act. He has to only decide disclosure or otherwise [with reasons under sec 8.1] However, you can request the court to order IT Dept to produce IT Returns of your spouse. Please visit:

 

FIRST APPEAL GUIDE [CENTRAL]

http://www.rtiindia.org/forum/blogs/jps50/18-first-appeal-central-govt-guidelines.html

 

 

FIRST APPEAL FORMAT [CENTRAL]:

http://www.rtiindia.org/forum/blogs/jps50/17-first-appeal-central-govt-format.html

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seekhelp

Dear KariraJi

I need one more help from you personally.

 

Since Since 12th March my RTI application seeking IT details of my spouse is pending, i had explained in application that i need information for maintenance case pending in court and for reference i had also attached with RTI application the CIC in Decision No.1816/IC(A)/2008 has allowed PF disclosure to spouse. Initially they demanded PAN details of my spouse which i got through lots of trouble and sent to them.

 

A) On 18/05/2010 i received letter from IT Department to explain following and reply should reach IT office by 24/05/2010:-

"1. Please establish as to how the information sought by you is in public interest?

2. If the information is not given to you, how the general public interest will be affected?

3. It may not be amiss to mention that in the case relied upon you, the CIC New Delhi has delineated its finding in a case pertaining to Provident Fund, the disclosure of which is in public interest."

 

B) I was not able to send reply in such short span of time that too to a different state IT office. As per my knowledge the CIC Decision 1816 of PF was sufficient to send me details and IT and PF both are linked to Government/Public.

 

C) On 5/06/2010 i again received letter from IT Office stating following:-

Order under Section 7(1) of RTI. In order to ascertain whether the information sought for is in public interest a letter was written to applicant on 13/05/2010 calling for 1. establish as to how the information is in public interest? 2. If not given how the general public interest will be affected?. The CIC decision 1816 relied by applicant is pertaining to PF disclosure of which is in public interest. The last date of reply was 24/05/2010 but applicant failed to reply and establish that information sought for her is in public interest, she is seeking information in her own interest and to serve her own purpose. Hence under Section 8(j) of RTI the application is rejected.

 

I have sent CIC decision 1816 which is similar to my case and says "The appellant’s financial interest is affected in the matter, as he is seeking legal relief from the Court. The disclosure of financial details, mainly PF contributions by his ex-wife would surely help the affected parties in arriving at the reasonable amount of maintenance to be paid to his divorced wife. The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided." CIC decision is attached for your kind reference.

 

Please suggest what should i do and help me draft appeal. I am not earning and sending letters again and again to PIO is costing me good amount of money.

CIC_decision1816.pdf

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ambrish.p

Dear Member

 

Please dont make multiple posts/threads for same issue.

 

regards

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seekhelp

Dear AmbrishJi

Request you to post my last post as new thread as i fail to get response on same chain of thread

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