rti act

Income Tax Refund and Right to Information Act (RTI)

Corporate Law - If there is one area in the income-tax administration which has remained perennially incurable, it is the Refunds, we shows you an easy way to solve the problem. In a Press Release dated April 19, 2007, the Central Board of Direct Taxes stated: “It has been reported in some sections of the media that a large number of taxpayers are awai...

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Public Records Act 1993 & RTI – Prosecution for loss/misplacement of government files

Corporate Law - It is common knowledge that the files in the government departments are often permanently misplaced or lost or deliberately destroyed leading to a lot of problems/ loss for the Government as well as the affected party. Sometimes, the government records are eliminated as a part of larger conspiracy to safeguard the erring officials. The Go...

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15 Year Journey of RTI Act, 2005 & need for reforms

Corporate Law - 15 years have passed since the Historic Right to Information Act, 2005 was enacted. How was the journey of this Act for the people of India during this period? Did it bring the requisite ‘Transperancy & Accountability’ as guaranteed by the said Act? Right to Information Act is perhaps the most successful law in India. [&he...

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Certified Copies of Examination Answer Sheets under RTI by ICAI

Corporate Law - Update on Certified Copies of Answer Sheets under the RTI by ICAI for Nov 2019 Examination Dear Friends, I’m receiving many messages and mails reporting certified copies under the RTI was not received even after 30 days from the date of filing RTI application and many are worried about the decrease of marks upon suo-motu […]...

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Get CA/CS/CMA Exam Answer Sheet copies for free or at nominal Fee

Corporate Law - Now CA students get Answer Sheet copies at Free of Cost and CS, CMA students at nominal cost under RTI: Supreme Court Orders! RTI Act is the most revolutionary act for setting out the practical regime of the Right to Information, the 3 Key building pillars behind the act are Responsibility, Transparency and Accountability, which […...

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CA Final Student Marks Verification data under RTI Act & ICAI Procedure

Corporate Law - Recently Mr. Somu Naga Chandra has sought for Certain Information under RTI Act from ICAI regarding  number of application received for inspection, Verification  or issue of  certified copies for CA Final Examination held in May, 2018, November, 2018 and May, 2019 under Normal ICAI Provisions and under RTI Law. He specifically asked th...

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RTIs related to J&K UT Administration to come under CIC jurisdiction

Corporate Law - Applications filed under the Right to Information (RTI) Act related to Offices in Jammu and Kashmir under the Union Territory Administration will soon come under the jurisdiction of the Central Information Commission CIC). ...

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Students can now raise grievances regarding award of step-wise marks: ICAI

Corporate Law - Examinees who had applied for certified copies of evaluated answer books relating to May 2019 exams and have already received copies of their evaluated answer books and are having grievances regarding award of step-wise marks, in their answer books, may send a mail thru their emailed registered at icaiexam.icai.org to ICAI at the follow...

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Procedure to Obtain Information under RTI Act 2005 from ICAI

Corporate Law - PROCEDURE FOR OBTAINING INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2005 FROM THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA. Any citizen of India can obtain the required information by making a request under his / her signature addressed to the Central Public Information Officer / Central Assistant Public Information Officer of The ...

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Notice to ICAI to Provide certified copies of Answer-scripts under RTI

Corporate Law - Adv. Paras Jain and Adv. Kumar Shanu has served a Notice on Institute of Chartered Accountants of India (ICAI) dated 21st July, 2019 to follow the procedure laid down by law in providing certified copies of Answer-scripts under the RTI Act, 2005. Earlier in a RTI filed Mr. B VINAY REDDY has requested for following […]...

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HC remanded back the matter to CIC as order was passed without discussing the issue

S R Dass Vs CPIO and Nodal Officer (Delhi High Court) - S R Dass Vs Cpio And Nodal Officer (Delhi High Court) The learned counsels for the respondents, however, again reiterates that the documents of a third party are exempted from disclosure under Section 8(1)(d) of the Act. They submit that a reply on the similar terms had also been issued to the petit...

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Wife can Know Husband’s Income by filing RTI application: CIC

Rahmat Bano Vs. The CPIO, O/o the Income Tax Officer (Central Information Commission, New Delhi) - In a litigation, where the issue involved is of maintenance of wife, the information relating to the salary details no longer remain confined to the category of personal information concerning both husband and wife, which is available with the husband hence accessible by the wife. But in the present...

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

Smt. Basavantamma Vs The 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?...

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Penalty levied by Central Information Commission for not providing information

Shri Radha Raman Tripathy Vs CPIO (Central Information Commission) - Shri Radha Raman Tripathy Vs CPIO (Central Information Commission) Central Information Commission has levied a penalty of Rs. 500/- to The Joint Commissioner Of Income Tax, Range-3, Bokaro for not providing information to Mr. Radha Raman Tripathy. Please see the order dated 15.06.2020. FULL TEXT OF...

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EVM is beyond the scope of RTI Act : Delhi HC

Election Commission of India Vs Central Information Commission & Anr (Delhi High Court) - Election Commission Of India Vs Central Information Commission (Delhi High Court) An EVM which is sought for by this RTI application is not miniature/replica and hence cannot said to be a model. It cannot be termed to be information within the meaning of Section 2(f) of the Act. It is manifest that...

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Details on RTI Amendments cannot be disclosed: DoPT

No.12/207/2018-IR - (14/06/2018) - The matter regarding amendment in the RTI Act, 2005 is under consideration and has not reached finality. As per section 8(1)0) of the RTI Act, 2005, information requested by you cannot be supplied at this stage....

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RTI in respect of request made to foreign tax authorities under tax treaties- Reg

F.No.500/120/2017/FT&TR-III - (30/10/2017) - It is noticed that RTI applications, where information is sought in respect of a request for information made to any foreign jurisdiction under tax treaties, are being transferred to the FT&TR division in a routine manner by CPIOs and First Appellate Authorities functioning in the field....

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Govt releases draft Right to Information Rules, 2017 for comments

No. 1/5/2016-IR - (31/03/2017) - A proposal for making Rules under RTI i.e. RTI Rules, 2017 in supersession of RTI Rules, 2012-by the Central Government under section 27 of the RTI Act, 2005, is under consideration of the Department of Personnel & Training....

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CBDT instructs department to Comply with orders passed by CIC

Instruction No. FTS -300294447/2016 - (17/05/2016) - It has been brought to the notice of the Board by Registrar, Central Information Commission, New Delhi that in certain cases orders passed by the CIC are not being complied with by the Income Tax Department. Reference has been made to some orders passed by CIC in this regard. ...

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RTI – Information on Disciplinary/Vigilance Proceedings

Circular No. 07/04/2013 - (04/04/2013) - CIRCULAR NO. 07/04/2013 Delhi High Court's decision in LPA No.618/2012 dated 06.11.2012 in the matter of disclosure of information under the provisions of RTI Act, relating to disciplinary matters....

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Recent Posts in "rti act"

HC remanded back the matter to CIC as order was passed without discussing the issue

S R Dass Vs CPIO and Nodal Officer (Delhi High Court)

S R Dass Vs Cpio And Nodal Officer (Delhi High Court) The learned counsels for the respondents, however, again reiterates that the documents of a third party are exempted from disclosure under Section 8(1)(d) of the Act. They submit that a reply on the similar terms had also been issued to the petitioner vide letter […]...

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Wife can Know Husband’s Income by filing RTI application: CIC

Rahmat Bano Vs. The CPIO, O/o the Income Tax Officer (Central Information Commission, New Delhi)

In a litigation, where the issue involved is of maintenance of wife, the information relating to the salary details no longer remain confined to the category of personal information concerning both husband and wife, which is available with the husband hence accessible by the wife. But in the present case, as stated earlier, the applicatio...

Read More

Income Tax Refund and Right to Information Act (RTI)

If there is one area in the income-tax administration which has remained perennially incurable, it is the Refunds, we shows you an easy way to solve the problem. In a Press Release dated April 19, 2007, the Central Board of Direct Taxes stated: “It has been reported in some sections of the media that a large number of taxpayers are awai...

Read More
Posted Under: Corporate Law |

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

Smt. Basavantamma Vs The 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?...

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Public Records Act 1993 & RTI – Prosecution for loss/misplacement of government files

It is common knowledge that the files in the government departments are often permanently misplaced or lost or deliberately destroyed leading to a lot of problems/ loss for the Government as well as the affected party. Sometimes, the government records are eliminated as a part of larger conspiracy to safeguard the erring officials. The Go...

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Posted Under: Corporate Law |

Penalty levied by Central Information Commission for not providing information

Shri Radha Raman Tripathy Vs CPIO (Central Information Commission)

Shri Radha Raman Tripathy Vs CPIO (Central Information Commission) Central Information Commission has levied a penalty of Rs. 500/- to The Joint Commissioner Of Income Tax, Range-3, Bokaro for not providing information to Mr. Radha Raman Tripathy. Please see the order dated 15.06.2020. FULL TEXT OF THE CENTRAL INFORMATION COMMISSION 1. ...

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15 Year Journey of RTI Act, 2005 & need for reforms

15 years have passed since the Historic Right to Information Act, 2005 was enacted. How was the journey of this Act for the people of India during this period? Did it bring the requisite ‘Transperancy & Accountability’ as guaranteed by the said Act? Right to Information Act is perhaps the most successful law in India. [&he...

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Posted Under: Corporate Law |

CA Final Student Marks Verification data under RTI Act & ICAI Procedure

Recently Mr. Somu Naga Chandra has sought for Certain Information under RTI Act from ICAI regarding  number of application received for inspection, Verification  or issue of  certified copies for CA Final Examination held in May, 2018, November, 2018 and May, 2019 under Normal ICAI Provisions and under RTI Law. He specifically asked th...

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Posted Under: Corporate Law |

Certified Copies of Examination Answer Sheets under RTI by ICAI

Update on Certified Copies of Answer Sheets under the RTI by ICAI for Nov 2019 Examination Dear Friends, I’m receiving many messages and mails reporting certified copies under the RTI was not received even after 30 days from the date of filing RTI application and many are worried about the decrease of marks upon suo-motu […]...

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Posted Under: Corporate Law |

RTIs related to J&K UT Administration to come under CIC jurisdiction

Applications filed under the Right to Information (RTI) Act related to Offices in Jammu and Kashmir under the Union Territory Administration will soon come under the jurisdiction of the Central Information Commission CIC). ...

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Posted Under: Corporate Law |

Get CA/CS/CMA Exam Answer Sheet copies for free or at nominal Fee

Now CA students get Answer Sheet copies at Free of Cost and CS, CMA students at nominal cost under RTI: Supreme Court Orders! RTI Act is the most revolutionary act for setting out the practical regime of the Right to Information, the 3 Key building pillars behind the act are Responsibility, Transparency and Accountability, which […...

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Posted Under: Corporate Law |

Revenue of ICAI through providing Certified Copies

I have made an application to the ICAI under the Right to Information Act, 2005 to know the amount received by the ICAI by providing certified copies to the students by charging Rs. 500 per subject....

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Posted Under: Corporate Law |

Statistics of CA Final Elective Paper

Every one of us interested to know the statistics of CA Final elective paper which was introduced in the CA Final New syllabus from the year May 2018 and onwards. I made an application to the ICAI under the Right to Information Act, 2005 seeking the statistics of number of candidates appeared, passed and the […]...

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Posted Under: Corporate Law |

EVM is beyond the scope of RTI Act : Delhi HC

Election Commission of India Vs Central Information Commission & Anr (Delhi High Court)

Election Commission Of India Vs Central Information Commission (Delhi High Court) An EVM which is sought for by this RTI application is not miniature/replica and hence cannot said to be a model. It cannot be termed to be information within the meaning of Section 2(f) of the Act. It is manifest that Section 3 of the […]...

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Chief Justice of India is a public authority and covered under RTI : SC

CPIO, Supreme Court Vs Subhash Chandra Agarwal (Supreme Court)

Transparency and openness in judicial appointments juxtaposed with confidentiality of deliberations remain one of the most delicate and complex areas. Clearly, the position is progressive as well as evolving as steps have been taken to make the selection and appointment process more transparent and open. Notably, there has been a change a...

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University Bound to Provide Copy of Answer Sheet under RTI Act, 2005

Tamil Nadu Dr. Ambedkar Law University Vs Tamil Nadu State Information Commission (Madras High Court)

Court would like to emphasis that the Law University, being a Public Institution, is bound to implement the provisions of the Right to Information Act, scrupulously in its letter and spirit....

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ED not Liable to disclose Panama Papers details under RTI: CIC

Mr. Durga Prasad Choudhary Vs CPIO & Dy. Director Directorate of Enforcement (Central Information Commission)

Mr. Durga Prasad Choudhary Vs CPIO & Dy. Director Directorate of Enforcement (Central Information Commission) Appellant stated that the information sought by him had not been provided whereas this was a serious matter pertaining to corruption at higher levels. He drew the attention of the Commission to various media reports in Nationa...

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Provide Info about Donors to Political Parties- CIC Directs DEA

Venkatesh Nayak Vs CPIO (Central Information Commission)

The total number of representations or petitions or communications, by whatever name called, received by the Government of India, till date, from donors regarding the need for maintaining confidentiality of their identity while making donations to political parties;...

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Students can now raise grievances regarding award of step-wise marks: ICAI

Examinees who had applied for certified copies of evaluated answer books relating to May 2019 exams and have already received copies of their evaluated answer books and are having grievances regarding award of step-wise marks, in their answer books, may send a mail thru their emailed registered at icaiexam.icai.org to ICAI at the follow...

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Posted Under: Corporate Law |

RTI Information supplied after statuary period of delay- Rs. 25000 penalty imposed

Rajesh Kumar Patel S/o Shri Ramsharan Vs Chief Information Commission (Chhattisgarh High Court)

Rajesh Kumar Patel S/o Shri Ramsharan Vs Chief Information Commission (Chhattisgarh High Court) Admittedly, in this case, up till the filing of the second appeal, no information was supplied, however, the information when was supplied i.e. the copy of the cash-book, the petitioner contended that one copy was supplied twice. The commission...

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Procedure to Obtain Information under RTI Act 2005 from ICAI

PROCEDURE FOR OBTAINING INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2005 FROM THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA. Any citizen of India can obtain the required information by making a request under his / her signature addressed to the Central Public Information Officer / Central Assistant Public Information Officer of The ...

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Posted Under: Corporate Law |

Notice to ICAI to Provide certified copies of Answer-scripts under RTI

Adv. Paras Jain and Adv. Kumar Shanu has served a Notice on Institute of Chartered Accountants of India (ICAI) dated 21st July, 2019 to follow the procedure laid down by law in providing certified copies of Answer-scripts under the RTI Act, 2005. Earlier in a RTI filed Mr. B VINAY REDDY has requested for following […]...

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Posted Under: Corporate Law |

RTI – A weapon to CA CS CMA Students

Today, I have a great news to share with you all, especially for the students of Professional courses viz., CA – Chartered Accountancy, CS – Company Secretary, CMA – Cost and Management Accountancy and also useful for other students. On 11th of April, 2019 The Supreme Court of India under the Coram, HON’BLE MR. JUSTI...

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Posted Under: Corporate Law |

Fees for certified copies sought under RTI cannot be charged under CS Act, 1980

ICSI Vs Paras Jain (Supreme Court of India)

Avenue for seeking certified copies as well as inspection is provided both in the Right to Information Act and in Company Secretaries Act, 1980. We are cognizant of the fact that guidelines of the appellant, framed by its statutory council, are to govern the modalities of its day-to­day concerns and to effectuate smooth functioning of it...

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Electronic Voting Machine (EVM) is an ‘information’ under RTI Act

Razaak K Haidar Vs CPIO (Central Information Commissioner)

Razaak K Haidar Vs CPIO (Central Information Commissioner) EVM which is available with the respondent in a material form and also as samples, as admitted by the respondent during the hearing, is an information under the RTI Act. The Commission also notes that as per the respondent, the software installed in the EVM is an […]...

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Seeking info under RTI Act cannot put question mark on integrity of applicant

Pardeep Kumar Vs Union Territory, Chandigarh and others (Punjab and Haryana HC)

Pardeep Kumar Vs Union Territory, Chandigarh and others (Punjab and Haryana HC) The order reverting the petitioner is vindictive. The petitioner has absolute right to get the information under the Right to Information Act. Seeking information under the Right to Information Act cannot put question mark on his integrity. The appellate order...

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RTI Applications for VAT returns of third parties cannot be entertained

Sahil Chauhan Vs PIO (CIC)

Applications under the Right to Information (RTI) in respect of VAT returns of the third parties cannot be entertained as there is no case of larger public interest involved in it....

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Posted Under: Corporate Law |

Raw Marks & Scaling Records of CA Exam may be given under RTI

Rajat Kumar Mehra Vs CPIO, ICAI (CIC Delhi)

Rajat Kumar Mehra Vs CPIO (CIC Delhi) The Commission, after hearing the submissions of both the parties and perusing the records, observes that the appellant has sought his raw marks and scaling record. However, the CPIO vide letter dated 28.07.2017 incorrectly denied the information under Section 8(1)(j) of the RTI Act stating that the a...

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Posted Under: Corporate Law |

Birth/Death Certificates can be applied Under RTI Act: HC

Shakti Singh Vs State Information Commission, Haryana and others (Punjab and Haryana HC)

Under the RTI Act, disclosure of information is a norm and refusal an exception. In other words, information cannot be denied under the RTI Act unless exempted from disclosure in accordance with Sections 8, 9 and 11 only. Section 22 as mentioned above leads the way to making the fundamental right to information a reality by enforcing it b...

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Information of unauthorized construction cannot be denied under RTI

Public information officer Vs V. Chaudhary (Delhi High Court)

Public information officer Vs V. Chaudhary (Delhi High Court) In terms of the RTI Act, all information as available with the public authority is required to be provided to the citizen unless it is exempt from disclosure under Section 8 of the RTI Act or otherwise pertains to the organizations that are excluded from the […]...

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BCCI is A Public Authority Under RTI Act : CIC

Smt. Geeta Rani Vs CPIO, M/o Youth Affairs & Sports (Central Information Commission)

Smt. Geeta Rani Vs CPIO, M/o Youth Affairs & Sports (Central Information Commission) The BCCI should be listed as a NSF covered under the RTI Act. The RTI Act should be made applicable to BCCI along with its entire constituent member cricketing associations, provided they fulfil the criteria applicable to BCCI, as discussed in the [&h...

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CIC Cannot Order Disciplinary Action against Appellate Authority

Mr. T. Sudhakar, Vs Mr. Jasmeet Singh, (Delhi High Court)

Mr. T. Sudhakar, Vs Mr. Jasmeet Singh, (Delhi High Courts) Section 19(1) makes a provision for filing of an appeal if a person is aggrieved by a decision or inaction of the CPIO. The Appellate Authority in sub-section (1) of Section 19 is classified as an officer senior in rank to the CPIO meaning thereby […]...

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Advocate cannot seek Salary details of client’s Husband under RTI

Rajesh Ramchandra Kidile Vs Maharashtra State Information (Bombay High Court, Nagpur Bench)

Rajesh Ramchandra Kidile Vs Maharashtra State Information (Bombay High Court, Nagpur Bench) Perusal of this application shows that the salary slips for the period mentioned in the application have been sought for by the Advocate. As rightly submitted by the learned counsel for the petitioner, the salary slips contain such details as deduc...

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Income Tax Survey Information cannot be denied under RTI without communicating reasons for such rejection

Mr. Champa Lal Soni Vs. CPIO & ITO (Central Information Commission)

On being queried, if there existed any specific provision regarding non-disclosure of survey related information to the concerned Assessee, he cited the provision of the Finance Bill, 2017....

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Claim Interest on Income Tax Refund for delay

DELAYS AREN'T DENIALS -Before getting into the actual process, it is important to know some of the reasons that may have caused the delay. If your bank account details or your PAN number is entered incorrectly in the form or you end up filing your tax in the wrong ward/circle, then the chances for delay are high.Tax authorities have espe...

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Posted Under: Corporate Law |

Personal information like T.A. bill cannot be directed to be given under RTI Act, 2005

Chhattisgarh Board of Secondary Education Vs Public Information Officer (Chhattisgarh High Court)

Personal information like T.A. bill etc. cannot be directed to be given under the Right to Information Act, 2005 in view of Section 8(1)(j) of the said Act....

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People Legitimately Expect Antiquities like Kohinoor to be brought Back: CIC

B K S R Ayyangr Vs. Archaeological Survey Of India (Central Information Commission, Delhi)

The appellant sought information regarding efforts made by the Government of India along with the related documents and correspondence for bringing into India (i) Koh-i-Noor diamond, (ii)Sultanganj Buddha, (iii) Nassak Diamond (iv) The Sword and ring of Tipu Sultan, (v) The golden throne of Maharaja Ranjit Singh (vi) Royal Jade wine cup o...

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Allow Inspection of Answer Sheets to Examinee Under RTI Act: CIC to Delhi University

Mr. Mohit Kumar Gupta Vs CPIO, University of Delhi (Central Information Commission)

Central Information Commission instructs University of Delhi to allow inspection of his own answer sheet to the Appellant Mr. Mohit Kumar Gupta as sought in the RTI application within a period of 15 days from the date of receipt of this order....

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Details on RTI Amendments cannot be disclosed: DoPT

No.12/207/2018-IR (14/06/2018)

The matter regarding amendment in the RTI Act, 2005 is under consideration and has not reached finality. As per section 8(1)0) of the RTI Act, 2005, information requested by you cannot be supplied at this stage....

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RTI Information seeker cannot resort to penalty proceeding U/s. 20 RTI Act, 2005

Rajkumar Mishra Vs Chhattisgarh State Information Commission (Chhattisgarh High Court)

It is held that The information seeker is only entitled for damages and cost, if any, as there is no provision in the Act of 2005 for payment of penalty or part thereof recovered from Erring Information Officer to the information seeker and therefore information seeker cannot as a matter of right claim audience in the penalty proceedings ...

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Under RTI act petitioner cannot elicit answer to his queries or ask for any ‘opinion’ or ‘advice’

Mr. Ankit Garg Vs CPIO, Insolvency and Bankruptcy Board of India (Insolvency And Bankruptcy Board of India)

RTI Act does not cast on the public authority any obligation to answer queries in which the petitioner attempts to elicit answer to his queries with prefixes as why, what when and whether. The petitioner’s right extends only to seeking information as defined in section 2(f) either by pointing the file document, paper or record etc., or ...

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Posted Under: Corporate Law | |

DGIT (Investigation) is exempt from Disclosure under RTI Act

Central Board Of Direct Taxes Vs. Satya Narain Shukla (Delhi High Court)

CBDT Vs. Satya Narain Shukla (Delhi High Court) A plain reading of Section 24(1) of the Right to Information Act, 2005 indicates that the provisions of the Act would not be applicable to Intelligence and Security Organizations as specified in the Second Schedule. Further, any information received from such organizations falls under the ex...

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Report Card on Performance of Information Commissions in India

The number of appeals and complaints pending on December 31, 2016 in the 23 information commissions, from which data was obtained, stood at an alarming figure of 1,81,852. The pendency increased to 1,99,186 at the end of October 2017....

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Posted Under: Corporate Law |

CIC instructs CCIT, Ranchi to educate concerned officials about RTI Act, 2005

Mr. Radha Raman Tripathy Vs. CPIO & Jt. Commissioner of Income Tax (Central Information Commission)

The Complainant vide his RTI application sought information regarding the total amount paid to Guest House/ Houses for stay by Shri S.K. Roy, JCIT, Range-3, Bokaro during the month of October, 2016....

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GSTN: 1200 employees but no HR Policy: Balance Sheet Available only till 2013-14

Mr. R.K. Jain Vs. CPIO (Central Information Commission)

HR Policy had not been finalized, the detailed norms including delegation of powers for discharge of GSTN functions was under preparation, the rules/regulations and manual etc. to be used by its employees for discharging their functions was also under preparation, the annual statement of accounts and balance sheet was available till the p...

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Information cannot be denied under RTI for lack of Aadhaar card

Vishwas Bhamburkar Vs. PIO, Housing & Urban Development Corporation Ltd. (Central Information Commission)

Commission records admonition for illegally insisting on Aadhar Card etc. to prove citizenship, identity and address, and also demanding proof of citizenship. Denial of information for lack of Aadhaar card will be a serious breach of right, which was guaranteed by the RTI Act ...

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JCIT to disclose Tax Budget Target fixed & Tax Collected under RTI

Mr. Radha Raman Tripathy Vs CPIO & Jt. Commissioner of Income Tax (Central Information Commission)

The Complainant vide his RTI application sought information on two points with respect to JCIT and desired details regarding Income Tax Budget Target fixed by JCIT Range- 3, Bokaro for the Financial Year 2015-2016 and Tax Collected during the Financial Year 2015-16....

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Anti-Profiteering – an RTI Experience

The GST Legislation has incorporated an Anti-Profiteering clause (‘APC’) under Section 171 of Central Goods and Services Tax Act, 2017 (‘CGST Act’). The basic idea behind such clause is to keep a check on the Inflation (if any) arising out of the introduction of GST in India. ...

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Posted Under: Corporate Law |

CIC issues SCN to CPIO & JCIT for misconduct & negligence under RTI Act, 2005

Mr. Radha Raman Tripathi Vs. CPIO & Jt. Commissioner of Income Tax (Central Information Commission)

Central Information Commission observed that the response provided by the CPIO/Respondent with respect to Points 03 and 04 was in total disregard to the provisions of the RTI Act, 2005 and contradictory response was provided by the Respondent during the hearing. The Commission therefore directs the Respondent, Mr. Sanjiv Kumar Roy, CPIO/J...

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RTI Act: HC set aside CIC order declaring Every Minister a Public Authority

Union Of India And Anr Vs. Central Information Commission And Anr (Delhi High Court)

a) Is Minister or his office a 'public authority' under the RTI Act? b) Whether a citizen has right to information sought, and does the minister has corresponding obligation to give?...

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Indian Banks Association is a Public Authority Under RTI Act, 2005

Shri R K Jain Vs. Indian Bank Association (IBA) (Central Information Commission)

Shri R K Jain Vs. Indian Bank Association (IBA) (Central Information Commission) Taking into account that the IBA performs functions as State agency and its majority control vests in Government of India appointed Managing Directors of Public Sector Banks, the IBA qualifies to be a public authority under the RTI Act, 2005. The Commission...

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Delhi Soccer Association is a Public Authority under RTI Act: HC

D K Bose Vs. PIO (Central Information Commission)

D K Bose Vs. PIO (Central Information Commission) CIC held that In fact, being a public body concerned with public activity like football, the Delhi Soccer Association (DSA) should have voluntarily disclosed entire information about it, including the bits and pieces asked by the appellant in this and several other appeals, and fulfill its...

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RTI Act would not prevail over Supreme Court Rules; CIC cannot overrule decision of Other Coordinate Benches Of Same Strength

The Registrar Vs. R S Misra (Delhi High Court)

The Judicial Functioning Of The Supreme Court Of India Is Separate/ Independent From Its Administrative Functioning. The Dissemination Of Information Under The SCR Is A Part Of Judicial Function, Exercise Of Which Cannot Be Taken Away By Any Statute. The SCR Would Be Applicable With Regard To The Judicial Functioning Of The Supreme Court;...

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CIC awards Compensation to RTI Applicant for 2 year delay in providing info

Aabid Hussain Vs. CPIO (Central Information Commission)

Commission is convinced with the averment of the Appellant for having suffered gross detriment due to the delay of over 2 years in providing the information to him. Appellant deserves to be compensated on this account. ...

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Judicial proceedings & records are public records and can be availed under RTI

Shri Y N Prasad Vs. PIO (Central Information Commission)

Judicial proceedings and records thereof are public records and the appellant has a right to secure desired information. After hearing the appellant and perusal of record, the Commission deems it fit to direct the respondent PIO to offer inspection of the judicial file to the appellant on a mutual convenient day and time. ...

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RTI in respect of request made to foreign tax authorities under tax treaties- Reg

F.No.500/120/2017/FT&TR-III (30/10/2017)

It is noticed that RTI applications, where information is sought in respect of a request for information made to any foreign jurisdiction under tax treaties, are being transferred to the FT&TR division in a routine manner by CPIOs and First Appellate Authorities functioning in the field....

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SIT is a Public Authority U/s. 2(h) of RTI Act, 2005: CIC

Mr. Venkatesh Nayak Vs CPIO & DCIT (OSD) (Central Information Commission)

Mr. Venkatesh Nayak Vs CPIO & DCIT (OSD) (Central Information Commission) When a Public Authority is largely funded by the Government and performs the duty of bringing back unaccounted money unlawfully kept in bank accounts abroad, it was essentially performing a Public Duty and thus every citizen has every right to know about certain...

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RTI hints Fraud in note exchange at Delhi Post Office Branches: CIC Orders Inquiry

Ramswaroop Vs PIO (Central Information Commission)

The appellant sought to know: a) how many persons exchanged old notes for new notes at Pinto Park branch and also in 3 Wing Branch of Post Office in Air Force area, during the period 08.11.2016 to 25.11.2016 after demonetization; b) total amount of new currency issued for the period 08.11.2016 to 01.12.2016 from both the post offices; c) ...

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No Absolute Exemption to CBI From RTI Act: Delhi HC

CPIO CBI Vs. CJ Karira (Delhi High Court)

The Delhi High Court has directed the CBI to consider the application of an RTI activist seeking information about corruption within the central investigating body and action taken into allegations made by Delhi Chief Minister Arvind Kejriwal of shady probe into the coalgate scam pursuant to a news report....

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Service details of Employees cannot be Furnished under RTI: SC

Canara Bank Rep. by its Deputy Gen. Manager Vs. C.S. Shyam & Anr. (Supreme Court of India)

Firstly, the information sought by respondent No.1 of individual employees working in the Bank was personal in nature; secondly, it was exempted from being disclosed under Section 8(j) of the Act and lastly, neither respondent No. 1 disclosed any public interest much less larger public interest involved in seeking such information of the ...

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Bank notes with writing or ink mark continue to be legal tender: RBI in RTI Reply

Bank notes with writing or ink mark on them continue to be legal tender, however, bank notes bearing religious or political messages will not be treated as eligible for exchange as per Note Refund Rules, 2009....

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Posted Under: Corporate Law |

Why BCCI not been made Public Authority Under RTI Act?: CIC

Subhash Chandra Agarwal Vs PIO, Department of Sports (Central Information Commission)

Central Information Commissioner, Prof. M Sridhar Acharyulu, in the case of Subhash Chandra Agrawal Vs. PIO, Department of Sports, declared the BCCI to be a public authority and directed the Board to disclose information sought by the RTI applicant....

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No Human Right Violation in Sukma Attack: CRPF in RTI Reply

In the instant matter, there appears to be no violations of Human Rights as well as facts of the case do not attract the allegations of Moreover, your application does not make any reference to such allegations. Hence this department is not liable to provide any information in this regard to you under RTI Act-2005....

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Posted Under: Corporate Law |

CIC directs CBDT to educate concerned officials about RTI Law

Mr. Radha Raman Tripathy Vs. CPIO (Central Information Commission)

Commissiono instructs CBDT to convene periodic conferences/ seminars to sensitise, familiarise and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities....

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RTI reveals PF Scam Worth Crores involving 191 Accounts

Sandeep.Tanwar Vs PIO, EPFO (Central Information Commission)

The PIO stated that the PF contribution of employers are getting credited in someone else’s account instead of their respective PF account and consequently the appellant alleged that his PF money was sent to some other account and someone else’s PF money has been received in his account. ...

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Introduce RTI Stamps For Payment of RTI Fees: CIC

Mr. Subhash Chandra Agrawal Vs CPIO & Under Secretary (Central Information Commission)

Commission felt that DoP&T and Department of Posts necessarily need to coordinate and initiate steps to introduce RTI stamps or numbered RTI coupons to eliminate prevailing ambiguity with regard to Rule 06 of the RTI Rules, 2012, on the mode of payment of RTI Fee keeping in view the experience in handling similar issues on a day to day ba...

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CIC Disposes 1,282 RTI Appeals by a single Order

Wg. Cdr. Sanjeev Sharma Vs. CPIOs, Indian Air Force (Central Information Commission)

The present set of Appeals (1282 in number) arise out of RTI Applications filed by the Appellant against different Commands of Indian Air Force and it has been decided to adjudicate upon the Appeals by putting same subject matters under one head (which may or may not have the same date of RTI Application) and have been listed for hearings...

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RTI Information cannot be denied under the excuse of Missing file

Balendra Kumar Vs PIO, M/o Labour & Employment (Central Information Commission)

The complainant sought details with regard to the file notings of all corresponding papers of file no. DGE&T-A-32013/1/1996-Adm-II. The CPIO replied by stating the concerned file was not traceable. First appeal was filed. The FAA vide his Order dater 11.08.2015...

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Maintain E-Register of RTI Application & Disposal: Maharashtra CIC

Shailesh Gandhi Vs Chief Secretary, Govt of Maharashtra (Maharashtra State Information Commission, Mumbai)

Chief Secretary,Govt of Maharashtra should create an online RTI register in every office which has a Public Information Officer and put on a single platform all the RTI applications filed in every office at every level where RTI applications are submitted and filed and also upload this information on the websites of Public Authorities so ...

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Govt releases draft Right to Information Rules, 2017 for comments

No. 1/5/2016-IR (31/03/2017)

A proposal for making Rules under RTI i.e. RTI Rules, 2017 in supersession of RTI Rules, 2012-by the Central Government under section 27 of the RTI Act, 2005, is under consideration of the Department of Personnel & Training....

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Under RTI PIO not supposed to create info that is not part of record

Mr. Subrata Guha Ray Vs. CPIO (Central Information Commission)

Commission observed that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. He is also not required to interpret informatio...

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4 Steps by govt to popularize use of RTI Act

As per the Right to Information (RTI) Act, 2005, all citizens shall have the right to information. Further, RTI Act provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working o...

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Posted Under: Corporate Law |

Salient features of Whistle Blower’s Amendment Bill

To amend Whistle Blowers Protection Act, 2014, Govt introduced Whistle Blowers Protection (Amendment) Bill, 2015 in Lok Sabha on 11-05-2015 and passed by Lok Sabha on 13-05-2015. ...

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Posted Under: Corporate Law |

ICSI cannot charge fees for answer sheet copies in excess of Fees provided under RTI Act, 2005

Paras Jain V. ICSI (Delhi High Court)

A division bench of Delhi High Court held that the demand of the institute i.e., ICSI, asking students for a fee of INR 500 per subject/answer book for obtaining certified copies is not sustainable....

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CBDT instructs department to Comply with orders passed by CIC

Instruction No. FTS -300294447/2016 (17/05/2016)

It has been brought to the notice of the Board by Registrar, Central Information Commission, New Delhi that in certain cases orders passed by the CIC are not being complied with by the Income Tax Department. Reference has been made to some orders passed by CIC in this regard. ...

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Guide on Right to Information Act, 2005

The right to information is implicitly guaranteed by the Constitution. However, with a view to set out a practical regime for the citizens to secure information as a matter of right, the Indian Parliament enacted the Right to Information Act, 2005. This law is very comprehensive and covers almost all matters of governance. This Law has a ...

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Posted Under: Corporate Law |

Identity of examiners cannot be disclosed to examinees: SC

Kerala Public Service Commission & Ors. Vs The State Information Commission & Anr. (Supreme Court of India)

Hon'ble SC held that disclosure of checked answer sheets , basis for interview marks is an information which public authority do not holds in fiduciary capacity , hence can be disclosed to information seeker....

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Whether Section 6(3) of RTI Act is a “BOON” or a “CURSE”?

There is no doubt that the Subsection (3) of Section 6 of the RTI Act is a BOON to the Citizens/Applicants under the Act, so long the PIOs and FAAs at the Departments are functioning well by clearly understanding the spirit behind & specific purpose of this section. Otherwise, it is sure to be proved as a CURSE....

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Posted Under: Corporate Law |

Major draw backs or obstacles in achieving anticipated results under RTI Act

Whereas in the matter of Principles of Natural Justice, and the field of Justice Delivery the saying Justice Delayed is Justice Denied is honestly accepted, it seems that there is no weightage to such proverb in the Right to Information Act, 2005. In fact, there is no guarantee about supply of information within particular span of period....

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Posted Under: Corporate Law |

Admission & Disposal of First Appeal by First Appellate Authority under RTI Act, 2005

Those applicants under Right to Information Act, who could not receive the Information required by him/her or have aggrieved with the Order passed by the PIO or does not receive a decision within the time limit as applicable, have a right to Appeal to the First Appellate Authority under Section 19(1) of Right to Information Act, 2005...

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Posted Under: Corporate Law |

Receiving & Disposing of Applications by PIOs under RTI Act, 2005

The Applicants’ seeking information under Section 6(1) of the Right to Information Act, 2005, could make their request in writing in a language of English, Hindi or in the regional official language of the area, and could submit their “Applications’ to the Public Information Officer (PIO) appointed at an office, where you think or a...

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Posted Under: Corporate Law |

PIO must observe time limit in rejecting RTI Applications

The time limit stipulated under the provisions of the RTI Act is normally 30 days either for supplying information or rejecting the application, from the date of receipt of such Application under Section 6(1) of the Right to Information Act, 2005. However, when such information is under the custody of other division, department or agency,...

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Posted Under: Corporate Law |

Online filing of RTI applications

Government of India has started a RTI online web portal whereby Right to Information (RTI) applications can be filed online by Indian citizens, including those who are living abroad.   The detailed procedure in filing of on-line RTI application is as under:...

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Posted Under: Corporate Law |

RTI- Banks to inform their guideline/regulations which requires CAs to certify project reports/ balance sheets 

Shri Mandeep Singh Vs Central Public Information Officer,Bank of India (Central Information Commission)

Appellant Mandeep Singh filed RTI’s to the head offices of the Banks for seeking information, whether head office issued any directions that Project Reports, Projected Balance Sheets and CMA data should be certified by Chartered Accountants....

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ITR of politicians cannot be provided under RTI unless its in in Public Interest

Shailesh Ghandhi Vs (1) Central Information Commissioner (2) CPIO, ACIT, Circle 18 (2) (3) Shri Ajit A Pawar, Dy. CM, Maharastra, (Bombay High Court)

The sole issue in the present writ petition is whether information related to income-tax returns of politician can be provided to any individual in purview of proviso of section 8 (1) (j) of the Right to Information Act, 2005. Whether the petitioner is entitled to the information...

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State should behave like a ‘responsible litigant’ with the citizen

Shri Suresh Kumar Rangi Vs Department of Legal Affairs Govt Of India, New Dellhi (Supreme Court of India)

State has a responsibility towards the citizen, who should not treated as opposite party or rival. It is not proper to take every case in appeal up to apex court mechanically, simply because there is a provision in Civil Procedure Code....

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Income Tax Dept. filing TDS return after due date

Centralizud Processing Cell (TDS) Vs Shri Surender Mehto (Rajasthan High Court)

28,537 TANs of Government deductors filed their quarterly TDS statement late. 97 Deductors of Income Tax Department have files their quarterly TDS statement late during period from 01.07.2012 to 01.03.2014....

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Penalty U/s. 234E fetches revenue of whooping Rs. 17497 crores

In a reply to an application under RTI Act filed by CA Subin V R from Thrissur Income Tax Department has revealed the total amount collected under section 234E of the Income Tax Act in the financial year 2013-14 and from April 2014 to October 2014. As per the reply order dated 22-12-2014 the amount so collected is as under:...

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Income Tax Return & other details exempt from RTI – Delhi HC

Naresh Trehan Vs Rakesh Kumar Gupta (Delhi High Court)

The assessment proceedings are not public proceedings where all and sundry are allowed to participate and add their opinion to the proceedings. Merely because a spirited citizen wishes to assist in assessment proceedings, the same cannot be stated to be in larger public interest....

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DC of Customs threatens CIC judges

This Post is been removed at the request of one of our reader. NF...

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Posted Under: Corporate Law |

AO to provide details of persons attended Scrutiny Assessment by virtue of power of Attorney

In his appeal, the appellant requested for information regarding the Information and name and address of persons other than advocates who are pleading and acting before the A.O. by virtue of power of Attorney in scrutiny proceedings for AN 2011-12 ....

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Posted Under: Corporate Law |

Deal with the misuse of Public Interest Litigation with iron hand – SC

Jaipur Shahar Hindu Vikas Samiti TR. Pres Vs State of Rajasthan TR. Chief Sec. & ORS. (Supreme Court of India)

The Supreme Court today advocated in the case of JAIPUR SHAHAR HINDU VIKAS SAMITI TR.PRES Vs. STATE OF RAJASTHAN TR.CHIEF SEC.& ORS. that judiciary should deal with iron hand the misuse of Public Interest Litigation (PIL) which is being exploited for the benefit of individuals....

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Government servant can file PIL only after permission from State Government

It is submitted by Sri Amitabh Thakur that the conduct rules applicable to Government servant including the All India Services (Conduct) Rules 1968, do not require him to obtain permission of the State Government, to file petition in public interest....

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Posted Under: Corporate Law |

Finance Ministry admits unauthorised access of Income Tax E-Filing Account

CA Sandeep Kanoi In a reply to RTI Filed by PRI Finance Ministry has admitted that there have been instances when the authentication details of certain class of e-filers have been obtained by persons from sources other than the e-filing website and then the passwords were reset and the e-filing account accessed....

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Posted Under: Corporate Law |

CBDT not maintains details of wrong claims maintained in Tax Audit Report in Form 3CD

Recently Advocate B. S. K. Rao has file an RTI Application with Office of the Commissioner of Income-Tax (CPC), Bangalore and Requests to provide details of Wrong Claims reported in Form No.3CD uploaded to e-filing website of Income-Tax Department for the Assessment Year 2013-14, in respect of return filed in ITR-4 & ITR-5....

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Posted Under: Corporate Law |

CBDT to Provide informations related to revamp of Income Tax e-filing Website

[a] Copies of all Records Received/Issued for Revamping the Website of Income-Tax Deptt. that relates to Tax Policy & Legislation Division of CBDT in particular (Because to implement the action in question amendment in statute is required to establish due compliance)....

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Posted Under: Corporate Law |

ICAI directs CPIO to provide details of No. of CA Registered and in Practice

Institute of Chartered Accountants of India (ICAI) has directed  Central Public Information Officer (CPIO) on RTI appeal by Advocate B.S.K.Rao to provide details of  total number of members registered with the Institute and the total number of members holding Certificate of Practice (COP). Copy of RTI Application filed by Advocate B.S.K...

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Posted Under: Corporate Law |

CBDT to provide details of No. of Tax Audit & Auditors to RTI Applicant

CBDT has provided Tax Audit Data to ICAI based on the returns e-filed during the financial year 2010-11. This has been published in one of the leading Private Website for CAs on 16th day of November 2011. ...

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ICAI loses important RTI case on study circle

Shri Shashikant Vasudeo Barve

The CPIO vide her letter dated 21.08.2012, while, inter-alia, informing the Appellant that the relationship between ICAI and CPE study circles is only for limited purpose of recognizing the CPE hours, denied the information on the ground that the same was not maintained by them....

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