INCOME TAX OFFICER AND CPIO Vs. GULSANOBER

JUDGEMENT

(1.) The Petitioner/Income Tax Officer is before this Court seeking for the following reliefs:

(2.) The Petitioner, who is serving as the Chief Public Information Officer (CPIO) at the Central Processing Centre of the Income Tax Department, Bengaluru, was seized of an application dtd. 7/8/2017 submitted by Respondent No.1 under the provisions of the Right to Information Act, 2005 (for short, "the RTI Act"). Respondent No.1, who is the wife of Sri Zafar Ali Asar Ali Ansari, sought disclosure of certain information relating to her husband. The information requested pertained to the Assessment Years 2012 2017 and included copies of his Income Tax Returns, details of tax paid, and the name and address of the bank(s) connected with his financial records.

(3.) Upon consideration of the request, the Petitioner, by order dtd. 31/8/2017, rejected the application invoking Sec. 8(1)(e) of the RTI Act. The rejection was premised on the ground that the information sought constituted third-party information held by the Income Tax Department in a fiduciary capacity and was therefore exempt from disclosure. It is stated that notice under Sec. 11 of the RTI Act was issued to the concerned third party, namely Sri Zafar Ali Asar Ali Ansari. However, no response was received from him within the prescribed period.