Active Stocks
Thu Mar 28 2024 15:59:33
  1. Tata Steel share price
  2. 155.90 2.00%
  1. ICICI Bank share price
  2. 1,095.75 1.08%
  1. HDFC Bank share price
  2. 1,448.20 0.52%
  1. ITC share price
  2. 428.55 0.13%
  1. Power Grid Corporation Of India share price
  2. 277.05 2.21%
Business News/ News / India/  I-T Dept furnishes 'contradictory' response to RTI on political parties' income tax returns
BackBack

I-T Dept furnishes 'contradictory' response to RTI on political parties' income tax returns

The Income Tax Department's Central Public Information Officer stated that it is not mandated by extant rules to maintain this information
  • She, however, went on to list laws and court orders to establish that this information, which she does not possess, was exempt from disclosure
  • NPS offers income tax benefits for the salaried as well as the self-employedPremium
    NPS offers income tax benefits for the salaried as well as the self-employed

    Income Tax Department has clarified, in response to an RTI query, that its Central Public Information Officer does not maintain information about political parties' income tax returns. The tax department, however, did feel the need to go the extra mile and establish that it is not obligated to share this information - which by her own admission she does not possess - under the Right to Information Act.

    This "contradictory" response was furnished against an RTI request filed buy a RTI activist Venkatesh Nayak, who had approached the Income Tax Department seeking income tax returns filed by political parties over the last ten years.

    The Central Information Commission (CIC) had ordered in 2008 that tax returns of political parties should be disclosed under the transparency law. The highest adjudicator of RTI matters had constantly maintained this position in its later orders. The erstwhile Information Commissioner AN Tiwari had observed that political parties do need large financial resources to discharge their myriad functions, and order disclosure of their income tax returns.

    However, the tax department had something else to say.

    "The applicant is hereby informed that, the requested information is not held as such, by the CPIO [Central Public Information Officer] as registered information nor is the requested information required to be maintained as such by the CPIO, under extant rules or regulations," read the RTI response by I-T Department.

    I-T Department's Central Public Information Officer quoted a Supreme Court order to clarify that the public authority is not obligated by the RTI Act to collect or collate information and provide it to applicant if it is not part of the public authority's record and where it is not required to be maintained under any law or regulations.

    The CPIO then listed five out of 10 exemption clauses under the RTI Act to emphasise that income tax returns of political parties - and information not in her possession - was exempt from disclosure.

    The CPIO cited RTI exemptions clauses that allow to deny information related to intellectual property rights, trade secrets and information in the nature of commercial confidence; fiduciary relationship; threat to life and safety of persons who give information to law enforcement agencies in confidence; impediment to investigation, prosecution or apprehension; and privacy of an individual, reported news agency PTI.

    She went on to cite another Supreme Court order that ruled the information related to matters of an income tax assessee is personal information that is exempted from disclosure under the RTI Act.

    "The CPIO gave a totally contradictory reply to this RTI application. First she claimed that she does not hold the information. She also claimed that the information is not available in the desired form as explained in the RTI application. She cited a much-abused para from the CBSE judgement of the Supreme Court in support of her denial. Then she also claimed that five out of the 10 exemption clauses are applicable to the information sought," Nayak told PTI.

    "How can exemptions apply to information which she believes that she does not hold, nor even knows who is likely to have it is a big question that she has not looked at while issuing this contradictory reply," he further added. 

    "But this recognition is tinged with the apprehension that non-transparent political funding could, by exposing political parties, and through it the organs of State which come under the control or its influence, to the corrupting influence of undisclosed money, can inflict irreversible harm on the institutions of government. There is public purpose in preventing such harm to the body-politic," Nayak stated.

    (With PTI inputs)

    Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!

    Catch all the Business News, Market News, Breaking News Events and Latest News Updates on Live Mint. Download The Mint News App to get Daily Market Updates.
    More Less
    Published: 29 Jun 2021, 05:12 PM IST
    Next Story footLogo
    Recommended For You
    Switch to the Mint app for fast and personalized news - Get App