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TMI Blog2014 (1) TMI 1414X X X X Extracts X X X X X X X X Extracts X X X X ..... ch as the State itself has been able to establish prima facie grounds to accuse the individual of wrong doing through properly conducted investigations/enquiries. Appellant has sought total Income Tax dues written off in last five years, year-wise - Held that: - The appellant has sought names of top Income Tax defaulters. There is no reason why this information should not be placed in public domain. - Decided in favour of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... nformation. 9. File-notings on movement of this RTI petition." 3. The CPIO had responded to it vide letter dated 28-3-2012. As regards para 1, the CPIO had informed the appellant that no such data was available in his office. As regards para 2, he had taken the plea that requested information was not disclosable under clauses (d) & (j) of Section 8(1). As regards paras 3, 4 & 5, the CPIO had informed the Appellant that this data was not available with him. According to him, para 6 was vague and, therefore, unanswerable. As regards para 5, the CPIO had informed the appellant that information in respect of his Directorate was nil. 4. However, on appeal, the AA in order dated 16-4-2012 had taken a slightly different view. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleads for disclosure of information on paras 1, 2, 6 & 7. 4. Shri Ashish Abrol in his representation referred to above has this to say on para 1 : "The reply of point no. 1 was denied on the ground that the information sought by the applicant is third party information and no larger public interest is involved in asking for this information. The information in the possession of Income Tax Department is of the nature of commercial confidence of tax payer, the disclosure of which may harm the competitive position of third party. The disclosure of information may endanger the life or physical safety of tax payers. Therefore, the request of the applicant were rejected as per the provisions of 8(1)(d), 8(1)(e), 8(1)(g) and 8(1)(j) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the RTI Act are not attracted in this matter. I see no reason why this information should not be disclosed. Shri Abrol's reliance on this Commission's decision in Raj Kumari v. Income Tax Department is not of much help to him as the factual matrix of that case is different from the present one. 7. Now I come to paras 2, 6 & 7 of the RTI application. In para 2, the appellant had sought names of top 10 Income Tax defaulters falling in the above mentioned categories. In this context, it may be pertinent to mention that the question of disclosure of names of individuals who had stashed black money in foreign countries had come up before the Supreme Court of India in Ram Jethmalani & Ors. v. Union of India & Ors. Writ Petition (Civil) No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... functioning of society. Whether the State itself can access details of citizens bank accounts is a separate matter. However, the State cannot compel citizens to reveal, or itself reveal details of their bank accounts to the public at large, either to receive benefits from the State or to facilitate investigations, and prosecutions of such individuals, unless the State itself has, through properly conducted investigations, within the four corners of constitutional permissibility, been able to establish prima facie grounds to accuse the individuals of wrong doing. It is only after the State has been able to arrive at a prima facie conclusion of wrong doing, based on material evidence, would the rights of others in the nation to be informed, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned above. Writing-off of tax liability impacts the Central Revenues. I see no reason why this information should not be placed in public domain. In my opinion, the people of the country have a right to know the identity of the individuals/companies/firms, whose Income Tax liability has been written off. 10. In my opinion, information on these two paras is not barred from disclosure under any provision of the RTI Act. In view of the above discussion, I set-aside the orders of the CPIO and AA and direct Shri Ashish Abrol, Addl. DIT (S)-III(I), O/o the DIT-(S)III, New Delhi, to provide information on paras 1, 2, 6 & 7 to the appellant in 4 weeks time. However, to reduce his work load, it is ordered that information requested for i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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