V.Gopalakrishnan
--- On Wed, 15/6/11, gopalakrishnan velu <gopalakrishnanvelu@gmail.com> wrote:
From: gopalakrishnan velu <gopalakrishnanvelu@gmail.com>
Subject: Fwd: rti reply by pio
To: "gopal yahoo" <gopalakrishnanvelu@yahoo.co.in>
Date: Wednesday, 15 June, 2011, 2:19 PM
i enclosed rti application and pio reply and relvent sec copy.
Nowadays it is the practice being followed by the Income Tax
department to deny the information on the IT returns and balance
sheets filed by the assesses( individual as well as corporate), citing
the reason that it is "private information", "confidential or third
party information", "covered under fiduciary relationship",
"unwarranted invasion of privacy", "does not involve public interest"
etc.
Hence it became a necessity to ask for the information under RTI Act
about the provisions in the Income Tax Act as far as the terms used by
the department to deny the information. Accordingly, certain queries
as in the RTI application dt. 2-5-11 was raised with the department.
By the department's letter dt. 10-6-11, certain queries were answered
in contrast to their points for denial of information. However,
certain queries lack direct and clear replies.
According to the information furnished,
1. The information relating to assessees can be supplied as per sec.
138 of IT Act.
2. Further information respecting assessees can be published under
sec. 287 of the Act by the Central Govt.
3. No provision in the Act to treat the returns as confidential.
(Hence it cannot be considered as third party information under sec.
11 of the RTI Act. Because sec. 11 of RTI Act states that a document
treated as confidential by the party which supplied the same, only can
be considered as third party information.)
4. Filing of IT return is mandatory when his income is taxable and it
is the duty to file return under sec. 139 of the IT Act. (Accordingly,
the return filed becomes official document of the IT department and it
cannot be construed as a private document.)
5. While exercising the powers of the IT Act by the officials, it
cannot be said it is an act of unwarranted invasion of privacy of the
individuals.
6. IT department is duty bound to supply information sought by the
legislative authorities such as Parliament of India.
In this context, the public authority of Income Tax department is not
justified legally or otherwise to deny the information on the IT
returns filed by the assessees and in the light of sec. 68,69,69A,69B
& 69C of the Act, any undisclosed income or assets attract public
interest as it would affect the revenue of the nation.
There is clear provision in the RTI Act to disseminate all the
information which cannot be denied to the State Legislature or the
Parliament shall not be denied to any person.
Moreover, even if there are any restrictions or exemptions in the IT
Act, it has the overriding effect under sec. 22 of the RTI Act.
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