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dk;kZy; Office of the

vij vk;dj vk;qDr Addl. Commissioner of Income-tax


jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Addl.CIT/R-2/Alw/RTI/2019-20/ Date: -29.11.2019

1 Name & address of the applicant Smt. Kiran Chouhan, 32 Krishna Colony Near Jhalani
eye Hospital Ambedkar Circle, Alwar.

2 Name & address of the CPIO Income Tax Officer,(Hqrs.), Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 17.10.2019 before the CPIO, Pr. CIT, Alwar under the
RTI Act, 2005. The applicant had asked for the status of Coorporate Social Rertrousibition by various
organization during the Financial Year 2017-18 & 2018-19 and also the complete details of all these
organization. This application has been disposed off by the CPIO, ACIT, Circle-2 alwar vide his letter No.766
dated 30.10.2019. Aggrieved by the reply of the CPIO, the applicant has filed the first appeal with the Office of
the undersigned i.e. Addl. Commissioner of Income Tax, Range-2, Alwar on 07.11.2019.

From the order of the CPIO, it is seen that the information sought by the applicant is not maintained
in the office of the CPIO. Hence, the CPIO has rightly conveyed the said fact to the applicant. I am convinced
that the said information is not maintained in the office of the CPIO. Hence, I do not consider it appropriate to
issue any direction to the CPIO. The appeal filed by the applicant is disposed off accordingly.

if the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Sanjay Kumar)
First appeal & Addl. Commissioner of Income-tax
Range-2, Alwar.

Copy to:1. Smt. Kiran Chouhan, 32 Krishna Colony Near Jhalani eye Hospital Ambedkar Circle, Alwar for
information .

2- The ITO(Hqrs), O/o the Pr. CIT, Alwar for information.

First appeal & Addl. Commissioner of Income-tax


Range-2, Alwar.
dk;kZy; Office of the
la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2019-20/ Date: -25.09.2019

1 Name & address of the applicant Shri Ashok Kumar Meena S/o Shri Haripal Meena,
Meena Gass Agency, Yaduvanshi Towar, Buchahada,
Kotputli, Jaipur, 303108

2 Name & address of the CPIO Income Tax Officer(Hqrs.), Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 03.07.2019 before the CPIO, O/o Pr. Commissioner of
Income Tax, Alwar under the RTI Act, 2005. The applicant had asked for the status of his TEP dated 17-09-
2019. The CPIO and ITO(Hqrs.), Alwar vide Order no. 1921 dated 13.08.2019 had supplied information to the
applicant.

Aggrieved, the applicant filed the first appeal dated 17.09.2019 office of Joint commissioner of
Income Tax, Range-2, Alwar. The applicant was given opportunity of being heard vide this office letter no 1102
dated 19.09.2019 fixing hearing on 24.09.2019 at 10.00 AM. No response have been received from the
applicant.

By observing the facts of the case, it is concluded that the applicant is wrongly claiming that
information was not supplied to him. In fact, The CPIO and ITO(Hqrs.), Alwar vide his Order no. 1921 dated
13.08.2019 had supplied information to the applicant. Hence, the first appeal filed before this office is
disposed off accordingly.

If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(K.C. Gupta)
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.

Copy to: Shri Ashok Kumar Meena S/o Shri Haripal Meena, Meena Gass Agency, Yaduvanshi Towar, Buchahada,
Kotputli, Jaipur, 303108
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2019-20/ Date: -29.08.2019

1 Name & address of the applicant Shri Dayaraam S/o Shri Sedhluraam Talwaad Post.
Jaguvaas, Tehsil- Behrod, Dist. Alwar

2 Name & address of the CPIO Income Tax Officer(Hqrs.), Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 18-06-2019 before the CPIO, O/o Pr. Commissioner of
Income Tax, Alwar under the RTI Act, 2005. The applicant had asked for the status of his TEP filed before the
Pr.CIT, Alwar dated 07-06-2019. The CPIO and ITO(Hqrs.), Alwar vide Order no. 635 dated 19.06.2019 had
supplied information to the applicant.

Aggrieved, the applicant filed the first appeal dated 23.07.2019 which was received in the office Pr.
CIT, Alwar on 25.07.2019. The same was forwarding to this office which was received on 31.07.2019 in this
office. The applicant was given opportunity of being heard vide letter no 901 dated 22.08.2019 at 01.00 AM. In
response, the applicant has filed written submission on 28.08.2019 through E-mail.

By observing the facts of the case, it is concluded that the applicant is wrongly claiming that
information was not supplied to him. In fact, The CPIO and ITO(Hqrs.), Alwar vide his Order no. 635 dated
19.06.2019 had supplied information to the applicant. Further, it is also to mention that the CPIO has clearly
mentioned in reply that the compliant received from the applicant has already been forwarded to the DGIT
(Inv.), Rajasthan Jaipur for necessary action. Hence, the first appeal filed before this office is disposed off
accordingly.

If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(K.C. Gupta)
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.

Copy to: Shri Dayaraam S/o Shri Sedhluraam Talwaad Post. Jaguvaas, Tehsil- Behrod, Dist. Alwar
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2019-20/ Date: -30.05.2019

1 Name & address of the applicant Captain Rajpal Singh Tanwar, House No. C-166,
Mansarovar, Kala Kuan, Alwar-301001

2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 10.04.2019 under the RTI Act, 2005 which was
forwarded to the CPIO/ITO, Ward-2(1), Alwar vide this office letter no. 90 dated 25.04.2019. The applicant had
asked for the status of his TEP filed before the Pr.CIT, Alwar dated 23.08.2018 wherein the applicant had asked
for the ITR details of Smt. Saroj Agarwal and verification of her income sources. The CPIO and ITO, Ward-2(1),
Alwar vide letter no. 248 dated 30.04.2019 rejected the application stating that the desired information is
treated as nil.

Aggrieved, the assessee filed the first appeal dated 22.05.2019 before the undersigned. The applicant
was given opportunity of being heard vide letter no. 399 dated 22.05.2019 on 29.05.2019 at 11.30 AM. The
applicant appeared on 29.05.2019 before the undersigned and made his submissions which were gone through
and discussed with him.

By observing the facts of the case, it is concluded that the CPIO and ITO, Ward-2(1), Alwar is right in
rejecting the application on the ground that the desired information called for is an information pertaining to a
particular individual and cannot be provided since it is confidential in nature, causes unwarranted invasion in
the privacy of the individual and is exempt u/s 8(1)(j) of the RTI Act, 2005. In the case of Vinubhai Haribhai
Patel (Malavia) vs. Asst. CIT. the Hon’ble High Court dismissed petitioner’s application stating that the asked
information was personal information which was asked for by the petitioner for his own personal interest and
private purpose. The same was upheld in the case of Naresh Tehran and others vs Rakesh Kumar Gupta. Since,
the petitioner was unable to prove his fiduciary relationship with the assessee concerned, no alteration is being
made with the CPIO and ITO, Ward-2(1), Alwar order and hence the first appeal filed before this office is
disposed off accordingly.

If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Arvind Kumar Rawat)


First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.
Copy to:
1. The ITO(Hqrs.), O/o the Pr.CIT, Alwar for information.
2. The Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama Place, New Delhi-
110066 for information.
3. The ITO, Ward-2(1), Alwar /CPIO for information.
4. Captain Rajpal Singh Tanwar, House No. C-166, Mansarovar, Kala Kuan , Alwar-301001 for information.

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2018-19/ Date: -20.08.2018

1 Name & address of the applicant Smt. Usha Singhal, A1/231, Janakpuri, New Delhi-
110058
2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application vide registration no. CCIT/J/R/2018/50048 dated 15.04.2018
before the CPIO and ACIT, Circle-2, Alwar under the RTI Act, 2005. The applicant had asked for details of ITR
filed by the petitioner’s deceased father Sh. Jagdish Prasad Agarwal. The CPIO and ACIT, Circle-2, Alwar vide
letter no. 315 dated 20.07.2018 rejected the application u/s 8(1)(d) & 8(1)(j) of the RTI Act stating that the
desired information could not be provided as it relates to personal information including commercial
confidence, trade secrets or intellectual property which has no relationship to any public activity or interest
and the disclosure of which would cause unwarranted invasion of the privacy of the individual and could harm
the competitive position of a third party. Further, some part of the information asked for does not fall under
the category of information as defined u/s 2(f) of the RTI Act, 2005.

Aggrieved, the assessee filed the first appeal vide registration no. CCITJ/A/2018/60033 dated
29.07.2018 before the undersigned. The applicant was given opportunity of being heard vide letter no. 716
dated 01.08.2018 on 14.08.2018 at 11.30 AM. The applicant didn’t appear before the undersigned nor was any
written submission received.

By observing the facts of the case, it is concluded that the CPIO and ACIT, Circle-2, Alwar is right in
rejecting the application on the ground that the desired information called for is an information pertaining to a
particular individual and cannot be provided since it is confidential in nature, violates the privacy of the
individual and is exempt u/s 8(1)(j) of the RTI Act, 2005. Further, the information called for is a third party
information, the disclosure of which has been denied by the said third party when asked by the CPIO/ACIT,
Circle-2, Alwar. Since, the petitioner was unable to prove larger public interest in the disclosure of the asked
information, no alteration is being made in the CPIO and ACIT, Circle-2, Alwar order and hence the first appeal
filed before this office is disposed off accordingly.

If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Arvind Kumar Rawat)


First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.
Copy to:
5. The ITO(Hqrs.), O/o the Pr.CIT, Alwar for information.
6. The Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama Place, New Delhi-
110066 for information.
7. The ACIT, Circle-2, Alwar /CPIO for information.
8. Smt. Usha Singhal, A1/231, Janakpuri, New Delhi-110058 for information.

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2018-19/ Date: -20.08.2018

1 Name & address of the applicant Sh. Naresh Kabra, Shree Dham, R-20, Yudhister
Marg, C-Scheme, Jaipur-302005

2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 28.05.2018 before the CPIO and ITO, Ward-2(2), Alwar
under the RTI Act, 2005. The applicant had asked for details of the assessees who have availed the deduction
u/s 80-IAC of the IT Act, 1961. The CPIO and ITO, Ward-2(2), Alwar vide email dated 29.06.2018 didn’t provide
the said information due to non-availability of the same.

Aggrieved, the assessee filed the first appeal dated 03.07.2018 online which was received in the office
of the undersigned on 13.07.2018. The applicant was given opportunity of being heard vide letter no. 672
dated 23.07.2018 on 01.08.2018 at 11.30 AM. However, the applicant didn’t appear before the undersigned nor
any written compliance was received. Thereafter another opportunity was provided to the assessee vide this
office letter no. 722 dated 01.08.2018. This time also the applicant didn’t appear.

By observing the facts of the case, it is concluded that the desired information called for cannot be
provided since it is not maintained in this office in the format as desired by the assessee. It is further stated
that the information called for is pertaining to third party and cannot be provided since there is no larger
public interest involved. Hence the first appeal filed before this office is disposed off accordingly.

If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Arvind Kumar Rawat)


First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.
Copy to:
9. The ITO (Hqrs.), O/o the Pr.CIT, Alwar for information.
10. The Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama Place, New Delhi-
110066 for information.
11. The ITO, Ward-2(2), Alwar/CPIO for information.
12. Sh. Naresh Kabra, Shree Dham, R-20, Yudhister Marg, C-Scheme, Jaipur-302005 for information.

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2018-19/ Date: -03.07.2018

1 Name & address of the applicant Smt. Usha Singhal, A1/231, Janakpuri, New Delhi-
110058

2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 27.10.2017 before the CPIO and ACIT, Circle-2, Alwar
under the RTI Act, 2005. The applicant had asked for details of ITR filed by the petitioner’s deceased father
Sh. Jagdish Prasad Agarwal. The CPIO and ACIT, Circle-2, Alwar vide letter no. 962 dated 10.11.2017 rejected
the application u/s 8(1)(j) of the RTI Act stating that the desired information could not be provided as it
relates to personal information which has no relationship to any public activity or interest and the disclosure of
which would cause unwarranted invasion of the privacy of the individual.

Aggrieved, the assessee filed the first appeal dated 15.11.2017 online before the undersigned. The
applicant was given opportunity of being heard vide letter no. 1717 dated 22.11.2017 on 28.11.2017 at 11.30
AM. The applicant responded through e-mail on 29.11.2017 before the undersigned and made his
complaint/appeal heard.

By observing the facts of the case, it is concluded that the CPIO and ACIT, Circle-2, Alwar is right in
rejecting the application on the ground that the desired information called for is an information pertaining to a
particular individual and cannot be provided since it is confidential in nature, violates the privacy of the
individual and is exempt u/s 8(1)(j) of the RTI Act, 2005. In the case of Vinubhai Haribhai Patel (Malavia) vs.
Asst. CIT. the Hon’ble High Court dismissed petitioner’s application stating that the asked information was
personal information which was asked for by the petitioner for his own personal interest and private purpose.
The same was upheld in the case of Naresh Tehran and others vs Rakesh Kumar Gupta. Since, the petitioner
was unable to prove her fiduciary relationship with the assessee concerned, no alteration is being made in the
CPIO and ACIT, Circle-2, Alwar order and hence the first appeal filed before this office is disposed off
accordingly.
If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Jai Singh)
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.
Copy to:
13. The ITO(Hqrs.), O/o the Pr.CIT, Alwar for information.
14. The Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama Place, New Delhi-
110066 for information.
15. The ACIT, Circle-2, Alwar /CPIO for information.
16. Smt. Usha Singhal, A1/231, Janakpuri, New Delhi-110058 for information.

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2018-19/ Date: -25.04.2018

1 Name & address of the applicant Sh. Sunil Kumar Agarwal ( Director), M/s Krish
Homes Pvt. Ltd., 221,222,223, 2nd floor, Vipul Agora,
MG Road, Gurgaon-122002 ( Haryana)

2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 12.02.2018 before the CPIO and ITO, Ward-2(3), Alwar
under the RTI Act, 2005. The applicant had asked for details of action taken in compliance of Audit Para in the
case of the assessee and the creation of demand thereon. The CPIO and ITO, Ward-2(3), Alwar vide letter no.
2082 dated 9.03.2018 rejected the application u/s 8(1)(j) of the RTI Act stating that the desired information
could not be provided as it has no relationship to any public activity or interest and the disclosure of which
would cause unwarranted invasion of the privacy of the individual.

Aggrieved, the assessee filed the first appeal dated nil before the undersigned, received in this office
on 05.04.2018. The applicant was given opportunity of being heard vide this office letter no. 73 dated
09.04.2018 on 18.04.2018 at 11.30 AM. In response to this letter, the applicant’s authorized representative; Sh.
J.P. Khurana, appeared on 18.04.2018 before the undersigned and made his complaint/appeal heard.

By observing the facts of the case, it is concluded that the CPIO and ITO, Ward-2(3), Alwar is right in
rejecting the application on the ground that the desired information called for is information, the disclosure of
which has no relationship to any public activity or interest. The information called for is related to internal
communication between different units of the department and therefore, is exempt u/s 8(1)(j) of the RTI Act,
2005 being confidential in nature. Since, the petitioner was unable to prove that a larger public interest
justifies the disclosure of such information, no alteration is being made in the CPIO and ITO, Ward-2(3), Alwar
order and hence the first appeal filed before this office is disposed off accordingly.
If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Jai Singh)
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.
Copy to:
17. The ITO(Hqrs.), O/o the Pr.CIT, Alwar for information.
18. The Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama Place, New Delhi-
110066 for information.
19. The ITO, Ward-2(3), Alwar /CPIO for information.
20. Sh. Sunil Kumar Agarwal ( Director), M/s Krish Homes Pvt. Ltd., 221,222,223, 2 nd floor, Vipul Agora, MG
Road, Gurgaon-122002 ( Haryana).

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2017-18/ Date: -30.11.2017

1 Name & address of the applicant Smt. Usha Singhal, A1/231, Janakpuri, New Delhi-
110058

2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 27.10.2017 before the CPIO and ACIT, Circle-2, Alwar
under the RTI Act, 2005. The applicant had asked for details of ITR filed by the petitioner’s deceased father
Sh. Jagdish Prasad Agarwal. The CPIO and ACIT, Circle-2, Alwar vide letter no. 962 dated 10.11.2017 rejected
the application u/s 8(1)(j) of the RTI Act stating that the desired information could not be provided as it
relates to personal information which has no relationship to any public activity or interest and the disclosure of
which would cause unwarranted invasion of the privacy of the individual.

Aggrieved, the assessee filed the first appeal dated 15.11.2017 online before the undersigned. The
applicant was given opportunity of being heard vide letter no. 1717 dated 22.11.2017 on 28.11.2017 at 11.30
AM. The applicant responded through e-mail on 29.11.2017 before the undersigned and made his
complaint/appeal heard.

By observing the facts of the case, it is concluded that the CPIO and ACIT, Circle-2, Alwar is right in
rejecting the application on the ground that the desired information called for is an information pertaining to a
particular individual and cannot be provided since it is confidential in nature, violates the privacy of the
individual and is exempt u/s 8(1)(j) of the RTI Act, 2005. In the case of Vinubhai Haribhai Patel (Malavia) vs.
Asst. CIT. the Hon’ble High Court dismissed petitioner’s application stating that the asked information was
personal information which was asked for by the petitioner for his own personal interest and private purpose.
The same was upheld in the case of Naresh Tehran and others vs Rakesh Kumar Gupta. Since, the petitioner
was unable to prove her fiduciary relationship with the assessee concerned, no alteration is being made in the
CPIO and ACIT, Circle-2, Alwar order and hence the first appeal filed before this office is disposed off
accordingly.
If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Jai Singh)
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.
Copy to:
21. The ITO(Hqrs.), O/o the Pr.CIT, Alwar for information.
22. The Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama Place, New Delhi-
110066 for information.
23. The ACIT, Circle-2, Alwar /CPIO for information.
24. Smt. Usha Singhal, A1/231, Janakpuri, New Delhi-110058 for information.

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2017-18/ Date: -06.11.2017

1 Name & address of the applicant Sh. Indermal Gupta, Ward no. 6 , Near Shiv Mandir,
Holitiba, Tijara-301411

2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 07.09.2017 before the CPIO and ITO, Ward-Bhiwadi
under the RTI Act, 2005. The applicant had asked for the Balance sheet, Profit and Loss Account Statement and
Income Tax Return for the last three years in the case of M/s Prakash and Brothers, Shop no.5, New Anaj
Mandi, Tijara. The CPIO and ITO, Ward-Bhiwadi vide letter no. 1444 dated 12.09.2017 asked for the consent of
M/s Prakash and Brothers since this was a third party information. M/s Prakash and Brothers had objected on
providing the said information to the applicant vide his e-mail dated 18.09.2017. In view of the above, the
CPIO and ITO, Ward-Bhiwadi rejected the application u/s 11(1) of the RTI Act stating that the desired
information could not be provided as it was third party information and that the third party has sent its
objection in providing the information to the applicant.

Aggrieved, the assessee filed the first appeal dated 11.10.2017 before the undersigned which was
received in this office on 16.10.2017. The applicant was given opportunity of being heard vide letter no. 1466
dated 23.10.2017 on 02.11.2017 at 11.00 AM. The applicant appeared on 03.11.2017 before the undersigned
and made his complaint/appeal heard.

By observing the facts of the case, it is concluded that the CPIO & ITO, Ward-Bhiwadi is right in
rejecting the application on the ground that the desired information called for is a third party information and
cannot be provided without the consent of the party concerned as stated u/s 11(1) of the RTI Act, 2005. Since,
the third party i.e. M/s Prakash and Brothers had refused to give its consent to share the said information with
the applicant, no alteration is being made in the CPIO and ITO, Ward-Bhiwadi order and hence the first appeal
filed before this office is disposed of accordingly.
If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Jai Singh)
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.
Copy to:
25. The ITO(Hqrs.), O/o the Pr.CIT, Alwar for information.
26. The Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama Place, New Delhi-
110066 for information.
27. The ITO, Ward-Bhiwadi/CPIO for information.
28. Sh. Indermal Gupta, Ward no. 6 , Near Shiv Mandir, Holitiba, Tijara-301411 for information.

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.

dk;kZy; Office of the


la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2017-18/ Date: -23.10.2017

1 Name & address of the applicant Sh. Giriraj Prasad Kaushik, 545, Lajpat Nagar,
Alwar-301001.

2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 08.08.2017 before the CPIO and ITO, Ward-2(1), Alwar
under the RTI Act, 2005. The applicant had asked for the following information:

1. Whether PAN no. AGQPK2201L has been allotted to anyone since F.Y. 2010-11.
2. In the FY 2010-11, the amount of Rs. 32,500/- was deposited under Pan no. AGQPK2201L instead of
depositing in the correct PAN No. AGQPK2201H. Whether this amount has been credited in Bank of
Rajasthan Ltd, Khairthal (TAN no. JDHTO1276C).

The CPIO and ITO, Ward-2(1) rejected the information sought stating that the PAN no. AGQPK2201L is
not correct and doesn’t exist in the database.

Aggrieved, the assessee filed the first appeal dated 03.10.2017 before the undersigned which was
received in this office on 04.10.2017. The applicant was given opportunity of being heard vide letter no. 1359
dated 06.10.2017 on 13.10.2017 at 11.30 AM or to submit a written reply justifying his claim. The applicant
filed his submission in the office of the undersigned on 13.10.2017.

By observing the facts of the case, it is concluded that the CPIO & ITO, Ward-2(1) is right in rejecting
the information sought since the PAN no. (AGQPK2201L) mentioned by the applicant is invalid and doesn’t
exist. Therefore, the required correction amount of Rs. 32,500/- could not be settled since it is deposited in
the invalid PAN no. Therefore no alteration is being made in the CPIO and ITO, Ward-2(1) order and hence the
first appeal filed before this office is disposed off accordingly.

However it is seen that the information desired by the assessee is a grievance for settling of his
deposited amount in PAN: AGQPK2201L which was mistakenly deposited in this PAN, whereas it should have
been deposited in PAN AGQPK2201H and the same can be corrected.

The ITO/CPIO is directed to seek methods to correct the same by converting the RTI application filed
by the assessee into grievance complaint and transfer the amount deposited in PAN: AGQPK2201L into PAN:
AGQPK2201H.

The RTI applicant is also directed to provide all necessary documents/challans to the ITO concerned so
that the ITO can do the necessary verification and transfer the challan amount from PAN AGQPK2201L to PAN
AGQPK2201H.

If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Jai Singh)
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.

Copy to:

29. The ITO(Hqrs.), O/o the Pr.CIT, Alwar for information.


30. The Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama Place, New Delhi-
110066 for information.
31. The ITO, Ward-2(1)/CPIO for information and necessary compliance.
32. Sh. Giriraj Prasad Kaushik, 545, Lajpat Nagar, Alwar-301001 for information and necessary compliance
to provide all the relevant documents/details as required for verification of the amount deposited.

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.
dk;kZy; Office of the
la;qDr vk;dj vk;qDr Jt. Commissioner of Income-tax
jsat&2] 22 eksrh Mwaxjh]vyoj Range-2, 22 Moti Dungri, Alwar
nwjHkk"k@QSDl ua-0144- Telephone/Fax No 0144-2705120
2705120
No. Jt.CIT/R-2/Alw/RTI/2017-18/ Date: -29.08.2017

1 Name & address of the applicant Sh. Pratap Singh Advocate, Court Campus, Behror,
Distt. Alwar.

2 Name & address of the CPIO Joint. Commissioner of Income tax, Range-2, 22,
Moti Dungri, Alwar

Order under Right to Information Act, 2005

The applicant has filed an RTI application dated 30.06.2017 before the CPIO and ITO, Ward-Behror
under the RTI Act, 2005. The applicant had asked for the working strength of Officers/officials and daily wages
workers working in ward-Behror for the last 3 years. The CPIO and ITO, Ward-Behror rejected the application
stating that the desired information could not be provided as it was not in public interest.

Aggrieved, the assessee filed the first appeal dated 04.08.2017 before the undersigned which was
received in this office on 09.08.2017. The applicant was given opportunity of being heard vide letter no 1016
dated 11.08.2017 on 21.08.2017 at 11.30 AM. However, the applicant didn’t appear before the CPIO.

By observing the facts of the case, it is concluded that the CPIO & ITO, Ward-Behror is right in
rejecting the application on the ground that the desired information called for is not in public interest. Further
the RTI applicant has not produced any cogent reason for desiring the said information. Therefore no alteration
is being made in the CPIO and ITO, Ward-Behror order and hence the first appeal filed before this office is
disposed off accordingly.

If the applicant is not satisfied with this order, in that case, as per rules, appeal against the above
order may be preferred with the Central Information Commission, August Kranti Bhavan, 2 nd floor, Bhikaji Cama
Place, New Delhi- 110066, within 90 days of the receipt of this order.

(Jai Singh)
First appeal & Jt. Commissioner of Income-tax
Range-2, Alwar.

Copy to: Sh. Pratap Singh Advocate, Court Campus, Behror, Distt. Alwar.

First appeal & Jt. Commissioner of Income-tax


Range-2, Alwar.

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