RTI - There is no absolute ban on disclosure of IT returns - the noise of motivation behind seeking the information falls upon deaf ears - the Act does not aim to judge motivation or reason behind seeking certain information – CIC
A person involved in a dowry case asked the Income Tax Department for the IT returns of his father-in-law, which was promptly rejected by the CPIO and he is before the CIC.
The CIC observed,
Unfortunate as it may seem, the noise of motivation behind seeking the information falls upon deaf ears as far as the Act is concerned. Section 6(2) of the Act clearly states that the Applicant shall not be required to give any reason for requesting the information. Thus, the Act does not aim to judge the motivation or the reason behind seeking certain information, as each applicant may have a different line of reasoning, each one being equally passionate and emotionally driven.
It is not the case of the Respondents that objection to disclosure of the documents is taken on the ground that it belongs to a class of documents which are protected irrespective of their contents, because there is no absolute immunity for documents belonging to such class.
There is no absolute ban on disclosure of IT returns.
CIC directed the CPIO to furnish the information pertaining to the net taxable income of the father-in-law.
Now can Justice Balakrishnan's IT returns be obtained under RTI?