Rti for wife income tax return
kalpesh
(Querist) 08 February 2015
This query is : Resolved
A disfuit is running between me and my wife.she has presented a petition u/s 125 family court for maintainance but i think she is doing some earning activity.To confirm myself can i file a rti in income tax department to know about her income tax return.is it legal or not?if it is legal then what should i have to write about my wife in rti application.is it enough to write her name and city ?pls guide
ajay sethi
(Expert) 08 February 2015
yes you can . you can file RTi query to direct income tax dept to disclose your wife income tax returns . as per latest order passed by CIC any spouse can file Rti query in this regard .
Rajendra K Goyal
(Expert) 08 February 2015
Agree with the expert ajay sethi.
CIC/RM/A/2012/000038/LS it was held:
It appears to me that there is estrangement between the husband and the wife. The wives generally try to collect this information for canvassing their cases in the Family Courts for grant of maintenance. A wife can not be treated as third party in the strict sense of the term, so long as the marriage subsists. However, after divorce, the legal position changes. I am told that marriage still subsists between the appellant and Shri Shobhit Garg. Hence, it will not be correct to deny information on the ground that the appellant is a third party. In the given facts, I order that gross income and net taxable income declared by Shri Shobhit Garg in the last ITR filed by him, may be disclosed to the appellant. No other information is required to be disclosed.
T. Kalaiselvan, Advocate
(Expert) 09 February 2015
The latest ruling by CIC approved and permitted disclosure of such information through RTI
