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Case Law Details

Case Name : Smt. Basavantamma Vs The CPIO (Central Information Commission)
Appeal Number : Second Appeal No. CIC/CCITB/A/2018/631956
Date of Judgement/Order : 10/07/2020
Related Assessment Year :
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Smt. Basavantamma Vs CPIO (Central Information Commission)

The issue under consideration is whether the details related to someone’s Income Tax Return can be obtained through Right To Information Act?

In the present case, appellant filed an application under the Right to Information Act for seeking income tax details of her estranged husband. Respondent submitted that the Income Tax Returns of some other individual is an exempted information u/Section 8(1)(j) of the RTI Act, 2005 and therefore, they have denied this information to the appellant.

The commissioner after considering the factual matrix of the case is of the opinion that in the absence of any larger public interest in the matter, the appellant is not entitled to seek the details of the Income Tax Returns filed by the third party, Mr. G H Sharanappa which is an exempted information under Section 8(1)(j) of the RTI Act, 2005. It is noted that the appellant has requested this Commission for disclosure of at least the ‘gross income’ of her husband so that she could defend her matrimonial case. Therefore, considering the aspect of marital discord between the husband and wife vis-à-vis her right of maintenance, this Commission is of the opinion that the respondent should consider providing only the limited information of the last six years i.e. the numerical figure(s) of the ‘gross income’ of her husband, within a period of 15 working days from the date of receipt of this order.

CIC allowed RTI to disclose Only Limited Information of Income Tax Return of Husband to His Wife

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