TMI Blog2015 (4) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... Registrar and Hon’ble President.In my view the information/factual position in respect of point A(v), A(vi) and B can be provided. Accordingly the same may be provided forthwith. As regards the points A(iii) and A(iv), the same are in respect of providing certified copies of all the rent receipts of ₹ 10,000/- per month submitted by Shri Verma along with the copy of the communication in which he had sought income tax exemption in respect of HRA and providing certified copy of the communication received from Shri S.K. Verma, Asstt. Registrar, CESTAT, Bangalore under which the lease deed for the house claimed to have been taken by him on monthly rent of ₹ 10,000/- per month had been enclosed. In respect of as regards Point A(ii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax benefit that has been given to Shri S.K. Verma, Asstt. Registrar for the payment of the rent of ₹ 10,000/- per month for the house alleged to have been taken by him on rent at Bangalore. (iii) Please provide the certified copies of all the Rent Receipts of ₹ 10,000/- submitted by him along with copy of the communication in which he has sought deduction from payment of income tax/TDS for the said amount. (iv) Please provide certified copy of the communication received from Shri S.K. Verma or CESTAT, Bangalore, under which the lease deed for the aforesaid house taken on rent for ₹ 10,000/- per month at Bangalore. Please also provide the copy of the Lease Deed and in case, the Lease Deed is not traceable, kindly p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnished and the required documents have not been furnished. 3. This matter had been heard on 10-4-2015. 4. Before coming to the point of dispute in this appeal it would be worthwhile stating the background of this RTI application, as disclosed by the CPIO at the time of hearing. 4.1 It appears that Shri S.K. Verma, presently posted as Asstt. Registrar, CESTAT, New Delhi, during his posting at Bangalore as Assistant Registrar, Bangalore Bench during period 2009-2011, while staying in the Government quarter allotted to him had also drawn HRA and beside this, the licence fee for occupying of the Government quarter was also not being deducted. This appears to have happened as his pay and allowances were being drawn from Delhi and as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on account of payment of rent of ₹ 10,000/- per month for a house at Bangalore had been given by the Account Section to Shri S.K. Verma; (b) financial yearwise details of deduction/tax benefit given to Shri S.K. Verma for payment of rent of ₹ 10,000/- per month for the house alleged to have been taken on rent at Bangalore and (c) the name and designation of the First Appellate Authority at CESTAT, Delhi and the number of days the First Appellate Authority had attended the office at Delhi from 15-12-2014 till the date of providing the information has already been furnished. The dispute is only in respect of the points A(iii), A(iv), A(v), A(vi) and B. 7. Point A(iii) is for providing certified copies of all the rent receipts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S.K. Verma, Asstt. Registrar, CESTAT, Bangalore under which the lease deed for the house claimed to have been taken by him on monthly rent of ₹ 10,000/- per month had been enclosed. According to the CPIO, who is the Account Officer, these documents are not traceable. With regard to the lease deed, the CPIO in his reply dt. 27-2-2015 to the applicant has stated that the same is not traceable and with, regard to the rent receipts, except for copy of one rent receipt, other rent receipts are not available. However, photocopy of the letter dated 7-6-2010 of Shri S.K. Verma, the then Asstt. Registrar, Bangalore addressed to Drawing and Disbursement Officer, CESTAT, New Delhi, does indicate that under this letter, beside the computation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Commission (CIC) should be carried out by an Officer not below the rank of Joint Secretary and copy of such commission should be provided to the CIC as well as to the respondent (Shri Vishwas Bhamburkar). In para 7 of this judgment Hon ble High Court has observed that - ordinarily, the information which at some point of time or the other was available in the records of the government, should continue to be available with the concerned department unless it has been destroyed in accordance with the rules framed by that department for destruction of old record and therefore when an information is sought and it is not readily available, a thorough attempt needs to be made to search and locate the information wherever it may be available and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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