Lawstreet Journal

Wife Not Entitled to Seek Details Of Income Tax Returns Filed By Her Husband Through RTI: CIC [READ ORDER]

Lawstreet Journal 28 Jul 2020 10:07pm

Image courtesy: Lawstreet Journal Judiciary Wife Not Entitled to Seek Details Of Income Tax Returns Filed By Her Husband Through RTI: CIC [READ ORDER]

According to the Central Information Commission (CIC), a wife cannot ask for the details of the Income Tax Returns filed by her husband by filing an RTI application. 

Information Commissioner Neeraj Kumar Gupta noted that the filing of the Income Tax Returns by a person, to the Income Tax Department, does not qualify as a public activity. "It is in the nature of an obligation which a citizen owes to the State viz. to pay his taxes, this information cannot be disclosed to the applicant in the absence of any larger public interest,” the Commissioner stated. 

In the instant matter, a wife applied for an RTI that sought the income tax information of her estranged partner. The Income Tax department had denied to give her the information on the basis of the reason that the Income Tax Returns of another individual is an exempted information under Section 8(1)(j) of the Right to Information Act, 2005. 

The commissioner referenced an apex court judgment by the title, Girish Ramchandra Deshpande v. Central Information Commission (2013) 1 SCC 212.  The case came to the conclusion that the information that an individual discloses in his income tax returns qualifies as "personal information" which stands to be exempted from divulgation under Section 8(1)(j) of the RTI Act, 2005 subject to the condition that a larger public interest is involved and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is also of the view that the publication of the information is justified… Continue Reading...


Tagged: Central Information Commission   CIC  
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