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Case Law Details

Case Name : Anil Khanna Vs CPIO (CIC Delhi)
Appeal Number : File No: CIC/DGSTCX/A/2021/129351
Date of Judgement/Order : 19/09/2022
Related Assessment Year :
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Anil Khanna Vs CPIO (CIC Delhi)

The Appellant interjected to state that after visiting the weblink as suggested by the CPIO it is difficult for him as a layman to deduce or cull out the exact order of GST Department, Govt of India as to what percentage of the amount received as incentive amount is to be payable to GST Department (Delhi) by him towards the GST Tax. He, therefore requested the Commission to direct the CPIO to provide a copy of the relevant orders/ notification of GST in this regard.

The CPIO explained that if the Appellant has any grievance/doubt regarding this issue pertaining to incentive/consideration he may knock the doors of competent adjudicating authority of GST so constituted to deal with such issues. Upon Commission’s instance, he further clarified that under GST , there is no concept of an incentive rather a related term is in place i.e. ‘consideration’; and for which he agreed to provide a copy of the relevant extract of notification to the Appellant which may suffices the information sought for.

The Commission at the outset upon a perusal of the facts on record and upon hearing both the parties observes that the relief claimed in the instant matter is not as much as about seeking access to information as much it is about the Appellant’s seeking clarification/inference to be drawn by the CPIO against his query.

From the standpoint of the RTI Act, the Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act.

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