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2020 (7) TMI 759 - Other - Indian LawsSeeking disclosure of details of the income tax returns of the husband of appellant - Section 8(1)(j) of the RTI Act, 2005 - whether the appellant claiming to be the legally wedded wife of Mr. G H Sharanappa is entitled to seek details of his income tax returns? - HELD THAT:- The decision dated 01-07-2009 of the Hon’ble High Court of Delhi in Vijay Prakash v. UOI & others [2009 (7) TMI 1364 - DELHI HIGH COURT] wherein it has been clarified that in a private dispute between husband and wife, the basic protection afforded by virtue of the exemption from disclosure enacted under Section 8(1)(j) cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in ‘public interest’. In the matter at hand, the appellant has not succeeded in establishing that the information sought is for larger public purpose - Since filing of the Income Tax Returns by an individual with the Income Tax Department is not a public activity and rather it is in the nature of an obligation which a citizen owes to the State viz. to pay his taxes, this information cannot be disclosed to the appellant in the absence of any larger public interest. From the words circumscribed under Section 2(n) of the RTI Act, 2005, it is vividly clear that any person other than the citizen making a request for information can be termed as ‘third party’. Therefore, Mr. G H Sharanappa being a person other than the RTI applicant surely comes within the definition of ‘third party’. Moreover, the CPIO has also not intended to disclose the information treating it as confidential and has rather pleaded that there is no public interest in the matter. This Commission also does not find any public interest which outweighs the harm caused in its disclosure. This Commission after considering the factual matrix of the case is of the opinion that in the absence of any larger public interest in the matter, the appellant is not entitled to seek the details of the Income Tax Returns filed by the third party, Mr. G H Sharanappa which is exempted u/Section 8(1)(j) of the RTI Act, 2005 - considering the aspect of marital discord between the husband and wife vis-à-vis her right of maintenance, this Commission is of the opinion that the respondent should consider providing only the limited information of the last six years i.e. the numerical figure(s) of the ‘gross income’ of her husband, Mr. G H Sharanappa, within a period of 15 working days from the date of receipt of this order. Appeal disposed off.
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