Income Tax Records of husband cannot be disclosed under Right to Information
Smt Bijal N Upadhyay vs CPIO / DDO - 20(1)
CENTRAL INFORMATION COMMISSION
File No. CIC/CC/A/2014/002812/BS/10542
About/from the judgment:
The Hon'ble Supreme Court in the matter of Girish Ramchandra Deshpande [decision dated 03/10/2012 - SLP© No. 27734 of 2012] has held that information relating to income tax return of an assessee is “personal information” which stands exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless the CPIO is satisfied that larger public interest justifies the disclosure of such information.
The Hon'ble High Court of Delhi vide it decision dated 01/07/2009 [W.P.© 803/2009 Vijay Prakash vs. UOI and others] has clarified that in a private dispute, between husband and wife, the basic protection afforded by virtue of the exemption from disclosure enacted under Section 8(1)(j) cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in ‘public interest’.
The appellant has pleaded that the information is required by her for submission to the Court so that proper maintenance is fixed for her and her minor daughter. If it be so, the appropriate remedy available to her would be to apply to the concerned Court for summoning the records of the Income Tax Department but seeking such information under the provisions of Right to Information Act is certainly not an appropriate relief.
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