Right to Information (RTI) relating to assessee relating to ...

Income tax details protected u/s 138 of Income Tax Act, not RTI Act; CIC must notify third parties before disclosure.

January 25, 2024

Case Laws Income Tax HC

Right to Information (RTI) relating to assessee relating to income tax - supremacy of RTI or IT Act - as contented any information relating to any assessee relating to income tax can be sought for only in the manner prescribed u/s 138 of the Income Tax Act and not under the Right to Information Act, 2005 - Section 11 of the RTI Act prescribes that any information related to a third party can only be divulged after giving notice to the said third party. In view of the above, the CIC ought to have followed the procedure specified under Section 11 of the RTI Act before ordering for grant of information as sought for by the Respondent herein. - CIC does not have the jurisdiction to direct furnishing of information, provided for in Section 138 of the IT Act. - HC

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Right to Information (RTI) relating to assessee relating to ...

Income tax details protected u/s 138 of Income Tax Act, not RTI Act; CIC must notify third parties before disclosure.

January 25, 2024

Case Laws Income Tax HC

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