Applicant to be given Tax evasion investigation results !! Husbands take note !!

Broad results of TEP investigation to be disclosed by IT department to informant, applicant

In this case (decided in 2013), The Honourable CIC has ruled “….6. It has been the stand of the Commission that in respect of a tax evasion petition, once the investigation is completed, the appellant should be informed the broad results of the investigation, without disclosing any details. The appellant has a right to know as to whether the information provided by him was found to be true or false. ….”

CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi-110067
Tel: +91-11-26105682
File No.CIC/RM/A/2012/000926

Appellant: Shri Ved Prakash Doda, Abohar.

Public Authority: ITO, Ward – 3 & JCIT, Range Sri Ganganagar,  Sri Ganganagar.

Date of Hearing: 18.06.2013

Date of decision: 18.06.2013

Heard today, dated 18.06.2013 through video conferencing.

Appellant is present.

The Public Authority is represented by Shri S.S.Sidhu, ITO Ward-3 Sri Ganganagar.

FACTS

Vide RTI dt 18.4.12, appellant had sought information on action taken on a complaint against Shri  Rajinder  Kumar  filed during Nov-Dec 2011  relating  to tax evasion.

2. CPIO vide letter dt 31.5.12, observed that as per CIC decision, investigation carried out in tax evasion petition of a third party need not be disclosed. Accordingly, information was denied.

3. An appeal was filed on 12.6.12.

4. AA vide order dt 6.7.12, observed that the information sought relate to third party and in the absence of any larger public interest, the information cannot be provided.

5. Submissions made by the appellant and public authority were heard.

DECISION

6. It has been the stand of the Commission that in respect of a tax evasion petition, once the investigation is completed, the appellant should be informed the broad results of the investigation, without disclosing any details. The appellant has a right to know as to whether the information provided by him was found to be true or false.

7. The Commission accordingly directs the CPIO to provide to the appellant, if investigation has been completed, the broad outcome of the investigation, without divulging any details, within ten days from date of receipt of the order.

The appeal is disposed of.

Sd/-
(Rajiv Mathur)
Central Information Commissioner

Authenticated true copy forwarded to:

The ITO & CPIO
O/o the Income Tax Officer
Ward -3, Sri Ganganagar

The JCIT & First Appellate Authority
O/o the Jt. Commissioner of Income Tax
Room No. 04, Range –Sri Ganganagar

Shri Ved Parkash Doda
S/o Sh. Nand Lal Doda, St. No.13
Nal Abadi Choti Pouri Abohar,
Dist. -Fazilka

(Raghubir Singh)
Deputy Registrar
.06.2013

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