Case Law Details
Deepak Kumar Acharya Vs Commissioner (Orissa High Court)
In a significant judgment, the Orissa High Court addressed a contentious issue involving the Right to Information (RTI) Act and tax evasion. The case, Deepak Kumar Acharya vs. Commissioner, revolved around a petition seeking the outcome of a tax evasion petition. The court’s decision to uphold the authorities’ refusal to disclose this information under the RTI Act highlights the complexities of balancing transparency with legal confidentiality.
Background of the Case: The petitioner, Deepak Kumar Acharya, filed a writ petition challenging the orders under Annexures-4, 5, and 6, seeking the broad outcome of a tax evasion petition filed by him. Represented by Ms. S. Devi, Acharya argued that despite filing a request under the RTI Act, the information was not provided, prompting him to seek judicial intervention.
Petitioner’s Argument: Ms. S. Devi contended that Acharya merely sought to know the outcome of his tax evasion petition. The RTI application, filed on 30th August 2017, sought extensive information regarding the investigation into Harmohan Sarangi and Himanshu Sarangi’s tax affairs, including the progress of the investigation, reasons for delays, and details of tax assessments and payments.
Respondent’s Argument: Mr. S.C. Mohanty, representing the Revenue, countered that the petitioner’s request was a guise to access detailed, sensitive information, which is explicitly protected under Section 8(1)(i) of the RTI Act. This section exempts the disclosure of information that would impede the process of investigation or apprehension or prosecution of offenders.
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