Rti against 498a
Querist :
Anonymous
(Querist) 30 September 2011
This query is : Resolved
complaining of Income-Tax evasion against the dowry allegedly given in dowry to IT-dept.
Some counsels are saying why would IT would take up the complainants & go in depths like finding out the returns filed in 10 years back?
There is no binding for them to act?
Experts please provide how does it works without bribing
ajay sethi
(Expert) 30 September 2011
1)if your wife has in her complaint alleged that dowry was given to you and she has mentioned details of movebale , immoveable property allegedly given then you can through RT1 obtain detils of her income tax returns .
2)you can find out whether there has been tax evasion by your in laws.
3) you can file complaint with income tax authorites about tax evasion .
4) file complaint with additional director / director investigation of your area . copy to director general of investigation copy to member investigation CBDT
5) if noa ction taken use RTi route
6)In a significant ruling, the Delhi high court has directed the income-tax department to furnish information to a man about his wife’s salary and income details so that he can defend himself against her allegations of dowry harassment.
Justice S. Ravindra Bhat held that a person cannot be denied information under the RTI Act merely on the ground that an investigation is pending in the case and the authorities will now have to demonstrate how the information that has been sought — if revealed — may queer a probe.
“The mere existence of an investigation process cannot be a ground for refusal of information and the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process,” justice Bhat observed, adding, “Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on material.”
The court passed the order on a petition of one Bhagat Singh who was denied information on the earnings of his wife, Saroj Nimal, by the I-T department. Singh had filed an RTI seeking the information in order to better defend himself against an FIR of dowry harassment lodged by his wife. Faced with allegations of taking dowry of Rs. 10 lakh from her, Singh promptly filed a complaint in the I-T department against his wife for tax evasion and took the RTI route to get details of her wife’s earning. Singh reasoned that since his wife was a primary school teacher there was no way she could have coughed up Rs. 10 lakh to pay as dowry and therefore sought a probe into her sources of income.
The I-T department cited the probe into his allegations of tax evasion as the reason why information under the RTI Act couldn’t be furnished. Later the Central Information Commission agreed and asked the I-T department to release the information after wrapping up the probe.
This made Singh knock on the doors of the high court which ruled in his favour and criticised the CIC for failing to explain why the investigation process would be hampered if information sought by Singh is revealed to him. “CIC has not applied its mind to the nature of information sought...this court takes serious note of the two year delay in releasing the information sought and the lackadaisical approach of the appellant authority,” the high court noted while giving the IT department two weeks to supply the information
A. A. JOSE
(Expert) 30 September 2011
Yes, as has been rightly advised by Shri Ajay Sethi, RTI can be used to obtain relevant information. If I.T. Department fails to act, take up the issue with CBDT or move the High Court.
Guest
(Expert) 30 September 2011
Nicely explained by Shri Ajay Sethi.
Shastri J.K.
(Expert) 30 September 2011
Yes,mr. Ajay Sethi has Nicely explained .
prabhakar singh
(Expert) 30 September 2011
I also agree with opinion of mr. Ajay Sethi.
