By his letter of 28.2.2009, the appellant had requested for the following information:- Copy of complete file including orders, applications and enclosures in respect of exemption certificate No DIT (E)/35/8E/225/82-83 dated 29.4.2005 comencing from original Exemption to Shree Sardarshahar Goushala Samity, C/o Sri Nandlal Goenka, 181/B, Chitranjan Avenue, Kolkata-7.
2. Vide order dated 13.4.2009, The CPIO had agreed to release the following documents :-
1. Certificates of exemptions u/s 80G of the I.T. Act, 1961 vide nos.
(i) DIT (E)/35/8E/225/82-83 dated 29.4.2005 (ii) DIT (E)/1097/8E/225/82-83 dated 22.1.2004 (iii)I DIT (E)/1116/8E/225/82-83 dated 25.1.2001 (iv) DIT (E)/990/8E/225/82-83 dated 11.3.1998 (v) DIT (E)/620/8E/225/82-83 dated 10.11.1995 (vi) DIT (E)/8E/225/82-83 dated 29.7.1992 (vii) DIT (E)/8E/225/82-83/3580 dated 6.11.1991.
2. Certificate of registration u/s 12A of the I.T. Act 1961 vide No. T/209/w.B. VII of 1983-84 dated 16.9.1983.
3. On appeal, the Appellate Authority vide order dated 27.5.2009 had modified the order of CPIO as follows :-
7. In view of the above, the CPIO is hereby directed to supply the appellant Shri Bheru Singh Sangara only the copies of the 80G certificates issued by DIT (Exemption), Kolkata in the case of Shri Sardarshahar Goushala Samity. However, the document submitted by Shri Sardarshahar Goushala Samity in connection with their application for renewal of exemption u/s 80G, cannot be disclosed being personal in nature and barred u/s 8 (1) (e) & (j) of the RTI Act, 2005.
4. The present appeal is directed against the orders of the CPIO/AA.
5. Heard on 16.9.2009. Appellant not present. The public authority is represented by the officer named above. It is the principal submission of Shri Mandal that documents submitted by Shri Sardar Shaher Goushala Samiti to the Income Tax Department can not be disclosed as they are third party information and, therefore, protected in terms of section 8 (1) (j) of the RTI Act. The appellant, however, is not before the Commission to contest this claim. It is the appellant to establish that disclosure of these documents would in larger public interest.
6. We would like to add that a careful perusal of the appeal memo filed by the appellant gives us the impression that he is aggrieved by the fact that he was not given an opportunity of hearing by the CPIO. It is, however, a different matter that he did not avail this opportunity either before the Appellate Authority or before this Commission. DECISION
7. Be that as it may, we do not find any infirmity in the order passed by the CPIO and the same is upheld. The appellant may obtain copies of the documents as mentioned in the order of CPIO. The AAs order stands modified to that extent.
8. The matter is disposed of in the above terms. 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 Address of parties :-
1. Shri M.L. Kalra DIT (Exemption), ITO, 6th Floor, 10B, Middleton Row, Kolkata
2. Shri Bheru Singh Songara C/o Songara Cloth Stores, Arjun Club, Sardarshahar-331403
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