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| DATE: | October 5, 2012 (Date of publication) |
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| Click here to download the judgement (girish_deshpande_RTI_income_tax_ROI.pdf) |
Income-tax details can be disclosed under RTI only if in “larger public interest”
The Petitioner sought details of the Respondent’s movable and immovable properties and also the details of investments, lending and borrowing from Banks and other financial institutions. He has also sought for the details of gifts stated to have accepted by the Respondent, his family members and friends and relatives at the marriage of his son. The information sought for finds a place in the income tax returns of the Respondent. The Supreme Court had to consider whether the information sought for qualifies to be “personal information” as defined in clause (j) of S. 8(1) of the RTI Act. HELD by the Supreme Court:
The details disclosed by a person in his income tax returns are “personal information” which stands exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless it involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information. On facts, as the Petitioner has not made a bona fide public interest in seeking information, the disclosure of such information would cause unwarranted invasion of privacy of the individual u/s 8(1)(j) of the RTI Act.
Yes the Income Tax Details should not be made public. Anybody can get the details of Property, Bank Accounts of any person and he can play the mischief with these investments/properties, which is more dangerous. Further, the Income Tax details are only personal and private details of the person. Hence need not be shared in RTI.
Sir,pl.kindly clarify, whether the Court Execution order by a Garnishee to recover the amount as directed by the court from an employee and if anybody requried about the status of recovery and its remittance to the court, falls under Sec 8 (1) (j) of RTI ACT ,since it is connected with an employee who is a Debtor.Pl.kindly enlighten me in a possible near future.Sincerely yours,K.THIYAGARAJAN