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2019 (9) TMI 673 - HC - Indian LawsRight to Privacy - Seeking information from the dealers of BPCL to ensure that the outlets are not operated on benami basis - Seeking copy of sales tax returns, bank account statements and income tax returns pertaining to their dealership - failure to furnish the information - HELD THAT:- In K.S. Puttaswamy [2017 (8) TMI 938 - SUPREME COURT], the Supreme Court has held that, the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India and as a part of the freedoms guaranteed by Part III of the Constitution. However, the Apex Court has further held that the right to privacy is not absolute. K.S.Puttaswamy holds that any action by the State or its agencies which curbs or restricts the right to privacy of a citizen shall pass each of the following three tests: (1) test of legality, that is, such action must have a legislative or statutory basis (2) test of need and necessity, that is, such action shall serve a definite purpose in public interest and (3) test of proportionality, that is, such action shall be at the minimum level required to achieve the object. Any information which discloses remittances made to the Income Tax Department towards discharge of tax liability would constitute personal information. A demand for furnishing income tax returns filed by a person would constitute invasion of the privacy of a person. The second, fourth and the sixth respondents have got no right to require the appellants to furnish their income tax returns and the bank account statements, as a condition for continuing the petroleum retail dealership granted to them. Ext.P2 circular issued by the second respondent is hereby quashed - Petition disposed off.
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