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B.M. Agrawal v. Ito

Central Information Commission
Jan 1, 2013

Vide RTI dt 22.9.11 appellant had sought information on four points relating to Income Tax returns, on the grounds that a false dowry case has been filed against the appellant by his former daughter-in-law.

2. CPIO vide letter dt 25.10.11, denied information u/s 8(1)(d),(e) and (j) and Section 11(1) of the RTI Act as the details sought are personal in nature and there is no larger public interest.

3. An appeal was filed on 17.11.11.

4. AA vide order dt 27.12.11, upheld the decision of the CPIO and referred to CIC decision in the Milap Choraria case wherein it was held that ITRs are exempt from disclosure unless larger public interest is involved.

5. Submissions made by the appellant and public authority were heard. The appellant has made a written submission, which is taken on record. DECISION

6. It is held by the Honble Supreme Court in the case of Girish Ramchandra Deshpande dated October 3, 2012, that disclosure of personal information is exempted under clause (j) of Section 8(1) of the RTI Act, unless larger public interest is established. Following the ratio of the said judgement, the decision of the CPIO/AA is upheld. The appeal is disposed of. Sd/- (Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to : The CPIO (RTI Cell) O/o the Income Tax Officer Ward 2(4, Batala, Gurdaspur (Punjab). The Jt. Commissioner of Income Tax & FAA (RTI Cell) O/o the Joint Commissioner of Income Tax Range II, Amritsar Shri. B.M. Agarwal QD -43, Ground Floor, Pitampura, Delhi (Raghubir Singh) Deputy Registrar .01.2013