38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Wife Not Entitled to Seek Details Of Income Tax Returns Filed By Her Husband Through RTI: CIC [READ ORDER]

By Ghazal Bhootra      28 July, 2020 04:37 PM      0 Comments
Wife Not Entitled to Seek Details Of Income Tax Returns Filed By Her Husband Through RTI: CIC [READ ORDER]

According to the Central Information Commission (CIC), a wife cannot ask for the details of the Income Tax Returns filed by her husband by filing an RTI application. 

Information Commissioner Neeraj Kumar Gupta noted that the filing of the Income Tax Returns by a person, to the Income Tax Department, does not qualify as a public activity. "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 applicant in the absence of any larger public interest,” the Commissioner stated. 

In the instant matter, a wife applied for an RTI that sought the income tax information of her estranged partner. The Income Tax department had denied to give her the information on the basis of the reason that the Income Tax Returns of another individual is an exempted information under Section 8(1)(j) of the Right to Information Act, 2005. 

The commissioner referenced an apex court judgment by the title, Girish Ramchandra Deshpande v. Central Information Commission (2013) 1 SCC 212.  The case came to the conclusion that the information that an individual discloses in his income tax returns qualifies as "personal information" which stands to be exempted from divulgation under Section 8(1)(j) of the RTI Act, 2005 subject to the condition that a larger public interest is involved and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is also of the view that the publication of the information is justified on the aforementioned ground. 

The Commission mentioned another precedent set in the Delhi High Court judgment titled Vijay Prakash v. Union of India LAIR 2010 Delhi 71 wherein it was held that, in an argument, private in nature, between two partners, the fundamental security given by exemption from disclosure under provisions of Section 8(1)(j) of the RTI Act, 2005 can’t be revoked except if the petitioner can manage to give a reason as to how this divulgation would be in “public interest”. 

The Court observed the definition of “Third Party” and noted thus. 

"From the words circumscribed u/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. " 

In this case, the appellant can’t justify how the details desired to serve a larger public purpose, the Commission concluded. Nonetheless, the Commission has directed the Income Tax Department to take into consideration, the suggestion of giving limited details of the last six years, that is, the sum of “gross income” of her partner so that she can use the same for defending her case involving maintenance. 

 

[READ ORDER]



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email