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TMI Blog2013 (12) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... r No. 163/14/2012-S.T., dated 10th July, 2012 regarding Service Tax on remittances' handled by the TRU-II of the C.B.E. & C. in the Ministry of Finance, Department of Revenue. Appeal Against Application No. Date of Application CPIO Information sought Replied by CPIO, Sh. 5355 4361 28-7-2012 CPIO/TRU-II A to F S. Jayaprahasam (28-8-2012) 5356* 4362 28-7-2012 CPIO/TRU-II A to G S. Jayaprahasam (28-8-2012) 5358 4375 30-7-2012 CPIO/Mem(ST) A to F S. Jayaprahasam (28-8-2012) 5359 4368 28-7-2012 CPIO/Mem(ST) A to D S.K. Vatsa (22-8-2012) 5360* 4367 28-7-2012 CPIO/Mem(ST) A to G No record found in CPIO's file In this file, Appeal Numbers 5356 and 5360 are being taken up for examination. 2. I have gone th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of foreign currency. (F) Please provide the amount for which the cases regarding taxability of service tax on remittance of foreign currency are pending before the Hon'ble Supreme Court, Hon'ble High Courts, CESTAT, Commissioner (Appeals) and in adjudication where show cause notices have been issued, but are pending adjudication. (G) After providing the aforesaid information, please also provide the inspection of all records, documents, files, correspondence, note sheets and registers relating to the information sought in clause (A) to (H) above. 3. The CPIO, TRU (Service Tax) replied to the appellant in the following manner : The point-wise reply to the information sought by you is as under : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ger period, thus could have easily been provided by the learned CPIO. (5) That the appellant is citizen of India and fulfilled all other requirements of the RTI Act and the Rules made thereunder and is entitled to the information in question. (6) That as per proviso to Section 8(1) of the RTI Act, 2005, the information which s cannot be denied to the Parliament or the State Legislatures shall not be denied to any person. The information sought by the appellant in the subject application is the one which cannot be denied to the Parliament or the State Legislatures and hence it cannot be denied or refused to the appellant. (7) This is without prejudice to the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion about some related files and gave photocopy of only one file, with any mala fide intention. He also said out of two applications filed by him, no reply has been received for one. He demanded that action should be initiated against CPIO under the RTI Act, for failure to reply to the RTI application. When the information sought by the applicant under the RTI Act and information provided by the CPIO in response to the RTI application are read together, it appears that the CPIO should have handled the application with the seriousness expected of him as a responsible Group A officer entrusted with the task of implementation of the provisions of the RTI Act. In response to A to D proper information should have been provided by the CPIO, s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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