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TMI Blog2009 (9) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... visions under the Commissionerate for the period 1-4-2007 to 31-5-2009. (B) List of cases pending adjudication as on 1-6-2009 before various officers of the Commissionerate with details such as number and date of the show cause notice, name and designation of the officer before whom pending, amount involved, date of reply received, number of hearings held/fixed and name of the party. (C) List of cases in which adjudication order passed by officers under the Commissionerate during 1-4-2008 to 15-6-2009 including details such as name of party, amount of duty, penalty with R.F. involved, order No. and date and date of name of the Advocate/consultant. 2. The CPIO, Office of the Commissioner of Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndings & conclusion 6. I have gone through the application dated 16-6-2009 of the applicant for seeking information under the RTI Act, 2005, reply dated 8-7-2009 of the CPIO and the appeal dated 14-8-2009 filed by the applicant. Each piece of information sought by the applicant and its admissibility under the RTI Act, 2005 is discussed below. (A) Copies of 335J register for the period 1-4-2007 to 31-5-2009 6.1 335J register is maintained by various formations of the Central Excise department to record the details of cases of evasion or short payment of duty detected by the respective formations. It contains details viz. names of the officers who were instrumental in booking the case, name of the person/assessee against who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agreed to the disclosure. The information can be denied only if it falls under any of the clauses of Section 8(1) or Section 9 of the RTI Act, 2005. The CPIO has therefore erred in denying the information without citing any of the exemptions enumerated under Section 8(1) or Section 9. 6.5 Looking to the kind of information recorded in the 335J register, some of it may be deniable at most under Sections 8(1)(g) or 8(1)(h) of the RTI Act, 2005. Section 8(1)(g) exempts information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes. 6.6 Section 8(1)(h) covers information which would impede t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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