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  1. [h=3]A CASE FOR THE WARRANT OF THE DISCLOSURE OF INFORMATION OF INCOME TAX RETURNS ETC. OF PUBLIC SERVANTS / MINISTERS / MPs[/h] A case for the warrant of the disclosure of Information of Income tax Returns etc. of Public Servants / Ministers / MPs (1) Ordinarily, the information requested under RTI Act, 2005, of the Service records, Assets and Liabilities / Income Tax Returns of a Public Servant / Ministers / MPs, are refused, whilst invoking the mandate of section 8(1)(j) of the said RTI Act. (2) It is my case that any such information can lawfully be disclosed within the framework of sections 8(1)(j) and / or 8(2). (3) Therefore, to substantiate my case, I proceed to literally interpret the mandate of sections 8(1)(j) and 8(2). Section 8(1)(j) and 8(2) which reads as – SECTION 8: Exemption from disclosure of information: (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information : Read more at: Common Law: A CASE FOR THE WARRANT OF THE DISCLOSURE OF INFORMATION OF INCOME TAX RETURNS ETC. OF PUBLIC SERVANTS / MINISTERS / MPs
  2. hello...can any one help . i am from mumbai ..my it return for the year 2007-08 ..is yet not recieved ...want can be done ...any contact point or concern person ... many more years to waitto a refund
  3. As reported by Akshat Kaushal in business-standard.com on 29 Nov 2013: One in 4 poll candidates hasn't disclosed PAN | Business Standard [h=1] One in 4 poll candidates hasn't disclosed PAN[/h] With total assets of around Rs 56 crore, Dhanvantri Chandela, fielded by the Congress from the Rajouri Garden constituency, is easily one of the richest among candidates for the Delhi Assembly election. But she neither has a permanent account number (PAN) nor has she reported details of her income-tax returns to the Election Commission of India (ECI). Chandela is not alone. Keeping her company on the long list of candidates who have not disclosed their PAN or I-T details are the Bahujan Samajwadi Party’s (BSP’s) Munni Seth-Rajendra Sharma, seeking election from Madhya Pradesh’ Dewas Assembly constituency (total assets to the tune of Rs 12.67 crore), and Bharatiya Janata Party’s (BJP’s) Bikaner candidate Sahi Ram Bishnoi (assets of Rs 1.72 crore), among others. If their nomination papers are anything to go by, these people have no PAN and do not file their income-tax returns. In Chhattisgarh, Delhi, Madhya Pradesh, Mizoram and Rajasthan — the five states where elections have either taken place or are to take place this year — one in every four candidates has not disclosed details of PAN, while every second has not given income-tax return details. According to Association of Democratic Reforms (ADR) data for various states, compiled by Business Standard, of the 3,337 candidates fielded, the affidavits of 914 (28 per cent) have no mention of PAN and those of 1,502 (45 per cent) do not give income-tax return details. The income of some of these candidates may not fall in the taxable bracket, but that cannot be true for all — at least 99 of those deciding not to give out I-T details have total declared assets of more than Rs 1 crore. In candidates’ nomination papers, there are two separate columns for giving out details of PAN and income-tax returns. But, in a majority of cases where these details have not been given out, the candidates have chosen to write ‘Nil’. A senior ECI officer says submitting wrong information cannot be a ground for a candidate’s disqualification but he surely can be prosecuted. According to S Y Quraishi, former chief election commissioner of India, it is the responsibility of the returning officer to ensure no column in a candidate’s affidavit is left blank. But, he says, the officer cannot always verify the veracity of a piece of information given. “If a candidate gives false information in his affidavit, anyone can file a case against him and challenge his candidature.” Among the five states, Mizoram seems to lead the pack, with 78 per cent of its candidates not disclosing their PAN details. Nearly 37 per cent of the 142 contesting in the state (52 candidates) have declared assets of over Rs 1 crore. About 43 per cent of Chhattisgarh’s 983 candidates, 16 per cent of Rajasthan’s 733 and 15 per cent of Delhi’s 796 have not mentioned their PAN. The proportion of candidates with assets of more than Rs 1 crore in these states stands at 22 per cent, 47 per cent and 33 per cent, respectively. So far as those who have not filed their I-T return details are concerned, their share in the total number of candidates stands at 67 per cent in Chhattisgarh, 40 per cent in Madhya Pradesh, and 39 per cent in Delhi.
  4. In a recent decision, the CIC has allowed disclosure of net taxable income (as reflected in the IT Returns) of an individual, to his son-in-law. In a reasoned order, the IC has interpreted Sec 8(1)(j) (regarding privacy) vis a vis larger public interest. Members will recall that several orders of the CIC in the past have disallowed such information. This just goes to show that if a case is argued correctly before the CIC, a favourable order can be obtained, even in those cases where such information has been denied in the past. The full order is attached to this post. Net taxable income to be disclosed under RTI.pdf
  5. Decision :http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2012_000261_M_105589.pdf 13.9.11, appellant had sought information on 11 points relating to ITRs filed by the Kolkata Stock Exchange. Submissions made by the appellant and public authority were heard. CPIO submitted that Jt Director, IT OSD(Exemptions) Shri D.Naskar, vide order dt 14.2.12, observed that the information sought was personal information and as no larger public interest was involved, the information was denied u/s 8(1)(j) of the RTI Act. The appellant submitted that in the final para of the order, the Section referred to is 8(1)(i) of the RTI Act, which has no relevance to the present case. DECISION 5. The Hon’ble Supreme Court in the case of Girish Ramchandra Deshpande Vs Central Information Commissioner & Ors dt Oct 3, 2012, has held that details disclosed relating to ITRs are personal information which are exempt from disclosure u/s 8(1)(j) of the RTI Act unless the CPIO is satisfied that larger public interest justifies the disclosure of such information. The ratio of the above case applies to the present appeal. In the light of the above orders, the Commission concurs with the decision of the Joint Director IT OSD (Exemptions) and the appeal is disposed of. Then what is this: http://www.rtiindia.org/forum/98224-section-8-1-j-cannot-applied-when-information-concerns-institutions-organisations-corporates.html regards
  6. http://www.hindu.com/biz/2011/04/25/stories/2011042550221700.htm THE HINDU 25-04-2011 AX FORUM: QUESTIONS & ANSWERS How confidential are the income-tax returns? QUESTION: It is understood that information regarding income-tax matters relating to a person can be sought by anybody under the Right to Information Act, 2005. Is this inference correct? ANSWER: Information relating to a taxpayer was once treated as secret. Sec. 137 had prohibited disclosure of any information not only relating to the return but also any accounts, documents, statements, affidavits and depositions made during the course of assessment. So was any information relating to recovery of tax. The only exceptions were in matters of prosecution or any disclosures necessary in the course of the proceedings under the income-tax law or for purposes of protection of officers from any civil suit or for sharing information with Comptroller and Auditor General of India in the discharge of his duties or for purposes of any enquiry against the conduct of a public servant or for enforcement of any law as for Indian Stamp Act, 1899 and Sea Customs Act, 1878, or for purposes of Reserve Bank regulations or such other information that may be required under the Central or State law. Prosecution was provided for breach of such right to secrecy against any official of the Income-tax Department with the previous sanction of the Commissioner. It was, however, later felt that this provision provided a shelter for tax evasion and that information as may be necessary for purposes of checking the return as to its correctness should not be shut out by keeping the income-tax return secret so that the Finance Act, 1964 dropped the provision with effect from April 1, 1964. After the removal of the secrecy clause, incomes above certain limits like Rs.1 lakh were being published in newspapers for some years so that the public may provide information useful for investigation prompted by such publication. Disclosure of information is now permissible under Sec. 138 for purposes of not only enforcement of other laws but also to any person who makes an application to the Chief Commissioner or Commissioner in the prescribed form for any information relating to any assessee, whereupon the Chief Commissioner or Commissioner may share such information as is considered relevant in public interest with right to the government not to share any information relating to any notified class of assessees or transactions apparently to provide for secrecy relating to security of the country or voluntary disclosure schemes or such other matters requiring confidentiality. The Right to Information Act, 2005, provides a gateway for a number of requests now turning to a floodgate, as for example, for information under the Income-tax Act, including those of relatives of the former Chief Justice of India. Information relating to political opponents is routinely sought. It would be difficult to deny such information even under the present Sec. 138, if it is for public interest, “an unruly horse”, giving rise to possible controversies either for exercise or non-exercise of power or duty for disclosure. But such information under Sec. 138 would ordinarily be restricted to the amount of income returned under the income-tax law and wealth returned under the wealth tax law. There is no such restriction under Right to Information Act. A recent ruling by the Central Information Commission on an appeal by a son-in-law requiring information about his estranged father-in-law has directed information though the Income-tax Department had denied the same on the ground that it was “personal” information. The argument of the petitioner for information was that he required the information to defend himself against dowry related criminal case filed against him. The Commission overruled the Income-tax Department on the ground that income-tax returns of individuals do not enjoy absolute ban and that the information required may have relevance to the criminal case so that it should not be legitimate to deny such information. When granting such information, it was pointed out that a balance has to be struck between public interest and the right to privacy. At any rate, where a “non-disclosure would throttle the administration of justice”, there is no justification for denial. Time alone would tell how far the object of dropping Sec. 137 in 1964 on one hand and the interpretation placed on Right to Information Act, 2005, on the other would help the cause of justice and would not be used for scandalising and blackmailing without any fallout for public benefit. S.RAJARATNAM Printer friendly page Send this article to Friends by E-Mail _______________________________________________________________________________ Section 138 of Income Tax Act. Disclosure of information respecting assessees. 46138. 47[(1)(a) The Board or any other income-tax authority specified by it by a general or special order in this behalf may furnish or cause to be furnished to— (i) any officer, authority or body performing any functions under any law relating to the imposition of any tax, duty or cess, or to dealings in 48foreign exchange as defined in section 2(d) of the Foreign Exchange Regulation Act, 1947 (7 of 1947)49 ; or (ii) such officer, authority or body performing functions under any other law as the Central Government may, if in its opinion it is necessary so to do in the public interest, specify by notification50 in the Official Gazette in this behalf, any such information 51[received or obtained by any income-tax authority in the performance of his functions under this Act], as may, in the opinion of the Board or other income-tax authority, be necessary for the purpose of enabling the officer, authority or body to perform his or its functions under that law. (b) Where a person makes an application to the 52[Chief Commissioner or Commissioner] in the prescribed form53 for any information relating to any assessee54[received or obtained by any income-tax authority in the performance of his functions under this Act], the 55[Chief Commissioner or Commissioner] may, if he is satisfied that it is in the public interest so to do, furnish or cause to be furnished the information asked for 56[***] and his decision in this behalf shall be final and shall not be called in question in any court of law.] (2) Notwithstanding anything contained in sub-section (1) or any other law for the time being in force, the Central Government may, having regard to the practices and usages customary or any other relevant factors, by order notified57 in the Official Gazette, direct that no information or document shall be furnished or produced by a public servant in respect of such matters relating to such class of assessees or except to such authorities as may be specified in the order.]
  7. As reported in news.in.msn.com on 28 March 2011: Tax returns do not enjoy absolute ban from disclosure: CIC - *National News Tax returns do not enjoy absolute ban from disclosure: CIC New Delhi, Mar 28 (PTI) The Income Tax returns of individuals do not enjoy "absolute ban" from disclosure, the Central Information Commission has held while directing the Income Tax department to provide details of the total income of a person to his son-in-law who is facing a dowry case. "We direct the Central Public Information Officer to provide information pertaining to the net taxable income of Munna Lal Saini, father-in-law of the appellant," Information Commissioner Deepak Sandhu said. The case relates to RTI application filed by Manoj Kumar Saini, who sought to know net income of his father-in-law Munna Lal Saini from the I-T department as he needed it to buttress his arguments in a dowry case filed against him. It was denied to him citing clause of "personal information" under the RTI Act. Manoj made an "impassioned" plea before the Commission stating "denial of information to him would result in a prolonged litigation of 10 years and more resulting in his losing the best years of his life and career." Quoting relevant portions of Income Tax Act and rulings of the Supreme Court, Sandhu said, "I am inclined to say that the information sought is not granted immunity from disclosure as class of information. "Protection of disclosure has to be ensured by balancing the two competing aspects of public interest, that is, when disclosure would cause injury or unwarranted invasion of privacy and on the other hand if non-disclosure would throttle the administration of justice." Sandhu, while taking cognisance of criminal case pending against the RTI applicant said, "Dowry cases invariably have the component of ''criminal breach of trust'' relating to misappropriation�of�property.� "In case, the state relies upon the fiction of misappropriation, then the other party should have a right to know the details of property reflected in I-T returns which is alleged to be misappropriated," she said. The Information Commissioner further said the Court, in a sub-judice matter, could direct the Income Tax authorities on matters pertaining to returns of an assessee for inspection by the court. "Thus, disclosure will be warranted if such line of action is followed. There is no absolute ban on disclosure of IT returns," she said. She also distinguished the present case from earlier decisions of the Central Information Commission on the disclosure of Tax returns. "The Milap Choraria case did not deal with the issue of information pertaining to net taxable income per se while the Gokul case was not centred around the issue of larger public interest for the purpose of disclosure of net taxable income, unlike the present case," Sandhu held.
  8. karira

    Right to say I don't

    As reported by Sanjeev Devasia and Amit Kumar in mid-day.com on 11 March 2010: Right to say I don't Right to say I don't A new trend has emerged as estranged couples peep into each other's I-T records to protect themselves from dowry harassment. And the weapon of choice is Right To Information Act Case I: Ritika Sharma and her father claimed in a police complaint that they had provided Rs 30 lakh in dowry (jewellery, cash and kind) to Ritika's husband Mohan Sharma. Facing the prospect of imprisonment, Mohan Sharma filed an RTI application, seeking the Income Tax details of his father-in-law. It was revealed that Ritika's father had only displayed a nominal income. It then became apparent that the claims made by the father-daughter duo about the dowry payment were false. The matter is sub-judice. (names changed) Case II: A month ago, Visakha Malhotra filed an RTI application seeking details of her ex-husband's income after she was denied rightful maintenance following her divorce. Her husband had claimed that he was a businessman. "Her petition was based on her right to live with dignity," said a senior I-T official, on condition of anonymity. (name changed) According to Income Tax officials, the trend of seeking RTI for dowry and maintenance cases began after a Delhi High Court judgement (WP © 3114/2007). In a 2007 case, Bhagat Singh was denied information regarding the earnings of his wife, with whom he had a discord, by the Income-Tax department on the ground that the matter was being investigated. Singh, who was accused by his wife Saroj Nimal of accepting a dowry of Rs 10 lakh from her, filed a request with the I-T department for investigating into his wife's sources of income in view of the fact that she was a primary school teacher. In a landmark judgement, the court directed the I-T department to provide the information sought by Bhagat Singh. Since then, the trend has caught on. "There are around 30 ranges in the NCR and each of these ranges process or receive around three to four RTI applications seeking I-T details and most of them are related to either dowry harassment or maintenance cases. No other RTI information is entertained by the Income Tax department except those which have public interest information of importance. Under the I-T Act 1961, disclosure of information respecting assesses is provided for in public interest," said an I-T official.
  9. Hi, I need to submit my last 3 years IT returns proof form some insurence. i lost my It returns proof for the year 05-06. How can i get it through online.
  10. For the assessment year 2007-08, when I searched for my refund status, I got this message- "Unable to credit refund as the account number provided by you is incorrect". And for the assessment year 2006-07, I got this message on the page - "1. Your assessing officer has not sent this refund to Refund Banker. 2. If this refund has been sent by your Assessing Officer within the last week, you may wait for a week and again check status." What can I do for both of the above 2 cases? It would be great if someone can advise me on the same? I have checked the other suggested threads, but couldn't get the exact answer to my question, so asking for clarification. Thanks Regards Deepak
  11. Can i ask for 3rd party IT returns of a person who has undisclosed investments in shares and debentures. He made certain disclosures in a court of law and that does not tally with his known sources of income. He serves in a GOI u/taking. Just let me know. with regards dr g v rao
  12. napoleon_snkl

    RI for wife's earnings

    Sir, how to know income details of my wife using RTI. I know the PAN number of her but dont know the company that she is working. It will be help full for my maintanance case.
  13. tndeshmukh

    Income tax reunds

    Thanks to RTI India .org I had filed the Income tax refund 18 months before and I was following up with Income tax office But was in vain I was searching the internet for the income tax. Then I came across this website This website given me the complete procedure for RTI with formats of application Surprisingly I got the refunds cheque withing 15 days after filing the RTI to Pune office Now I want to have one more help i.e. I am getting excessive electricity bills . I have sent the application 4 months back to the office .And followed up several times . but of no use Can somebody guide me on how to go about This??? regards
  14. swapna_chaubey

    IT Returns. No response from Dept

    Hi All, i have applied for the IT Returns for the last year. I have been waiting for returns for almost two months. and i have not received any responses. My IT consultant has been giving me new hopes everyday for the past 3 months. what can i do. i think the officer wants money for my returns. i am based out of Pune. Kindly guide me.
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