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TEP result is not third party, CPIO cannt deny under Section 8(1)(j) of the RTI

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File No. CIC/RM/C/2013/000430/BS/8983
06 November 2015

Relevant Facts emerging from the Complaint:

Complainant : Mr. Manpreet Singh,
H. No – #1089 / 3BII, S.A.S. Nagar,Mohali

Respondents : CPIO / Income Tax Officer Ward – 6(4)
Income Tax Department
O/o the Income Tax Officer Ward -6(4),Ludhiana

CPIO / Income Tax Officer Ward – VII(3)
Income Tax Department
O/o the Income Tax Officer Ward – VII(3),Ludhiana

RTI application filed on : 27/05/2013
PIO Replied on : 28/06/2013
Complaint dated : 13/08/2013

Information sought:-
1. Provide the certified copies of investigations/assessments which have been initiated/made on the TEP application submitted by the undersigned against Mr. Joginder Singh Kohli.

2. Did Mr. Joginder Singh Kohli explain the source of expenditure amounting to Rs. 15,00,000/- on the marriage of his daughter Ms. Tinveer Kaur during the course of enquiry made by your esteemed office? Has any other information been submitted by him on the source of the above said expenditure? If yes, provide the certified copies of all such details.

3. Provide certified copy of observation made by the competent authority while recommending the re-opening of the assessment of Smt. Tinveer Kaur and Her Father Mr. Joginder Singh Kohli for the FY 10-11 (assessment year 11-12) along with copy of the order?

4. Provide certified copy of explanation of Smt. Tinveer Kaur and Her Father Mr. Joginder Singh Kohli about the source of above said expenditure amounting to Rs. 15 lacs during the course of re-assessment proceedings before the Income Tax Officer?

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5. Provide certified copy of how much income has been re-assessed in the assessment order of Smt. Tinveer Kaur and Her Father Mr. Joginder Singh Kohli as income from un-disclosed sources and the copy of Asst. Order for the Asst. year 2011-2012.

6. How much Income Tax demand including interest has been created as per notice of demand and also supply the copy of the notice of demand?

7. How much outstanding Income Tax demand has been recovered from Smt. Tinveer Kaur and Her Father Father Mr. Joginder Singh Kohli?

8. What action has been taken for the recovery of outstanding demand from Smt. Tinveer Kaur and Her Father Father Mr. joginder Singh Kohli?

9. Is there any stay order against outstanding Income Tax demand? Copy of the stay order, if any, may be supplied.

10. What is the final stage of Income Tax Case of Smt. Tinveer Kaur and Her Father Father Mr. joginder Singh Kohli for the Asst. year 2011-2012?

11. Have Smt. Tinveer Kaur and Her Father Father Mr. joginder Singh Kohli ever filed any income tax return mentioning the details of source of alleged dowry articles given by them in marriage as admitted in writing in their complaint submitted with TEP and also for maintaining other luxuries of life.

12. Whether they have paid income tax & wealth tax on their alleged expenses.

13. Whether the persons mentioned above are liable for any action against them for tax evasion (income tax, wealth tax, etc) as per rule and give the brief details of recovery efforts/punishments that can be awarded for violating the rules in above cases.

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14. Intimate the action initiated/taken by your department against the persons mentioned above and the amount of Tax recovered/expected to be recovered from them.

15. Provide a copy of the assessments/investigation made thus far.

16. Have Smt. Tinveer Kaur and Her Father Father Mr. joginder Singh Kohli preferred any appeal against Asst. Order? What is the status of the appeal and till what time could its disposal be expected?

17. Provide the name & designation of the officer who is providing this information as there is every apprehension that the information being provided to me will not be relevant and will be misleading.

Grounds for the Complaint:

The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing:

The following were present Complainant: Mr. Manpreet Singh through VC Respondent: Ms. Saroj Bala CPIO through VC The applicant stated that he needs information and the matter should be decided as an appeal under Section 19 of the RTI Act.

He stated that he had filed a TEP and had sought details relating to the action taken on the TEP but the respondent have denied the information claiming exemption under Section 8(1)(j) of the RTI. The CPIO stated that the information related to third party and hence exemption was claimed, however, the investigation has now been completed and the broad outcome of the TEP will be furnished to the applicant.

Decision notice:

A Coordinate bench of this Commission in its order dated 18/06/2013 (File No. CIC/RM/A/2012/000926 Sh. Ved Prakash Doda v/s ITO) has held as under:

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“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.”
Hence, the CPIO should inform the broad outcome of the TEP to the applicant within 15 days from the date of receipt of this order.

The matter is disposed of accordingly.

Information Commissioner

Authenticated true copy:
(R. L. Gupta)
Dy. Registrar/Designated Officer

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