In a landmark decision, the Central Information Commission (CIC) has ordered the Income Tax Department to disclose the income details of a woman, following an appeal by her ex-husband who accused her of misrepresenting her financial status during a maintenance claim after their divorce. The case has its origins in Karaikudi, Sivaganga district, where the appellant, referred to as Ramesh (name changed), challenged the Income Tax Department’s refusal to provide the information.
Ramesh filed a request under the Right to Information Act, 2005, seeking the PAN, Aadhaar, and detailed income information of his estranged wife. He aimed to contest her claims in a family court where she had stated she lacked a Permanent Account Number and had not filed income tax returns. His petition included a request for details about the advance tax paid by her employer and her monthly salary to demonstrate her actual financial condition.
The Chief Public Information Officer (CPIO) initially denied the request, citing that the income tax returns were held in a fiduciary capacity, exempting them from disclosure under Section 8(1)(e) of the RTI Act. The CPIO further rejected the application on the grounds of it involving personal information that, if disclosed, would result in an unwarranted invasion of privacy as per Section 8(1)(j) of the Act.
During the proceedings, Ramesh presented an affidavit from a bank representative showing his wife had equity shares worth Rs. 52 lakh. He also sought the income tax returns she filed for the three financial years starting from 2021-22. Despite his efforts, the Income Tax Department maintained its stance on the exemption from disclosure.
The breakthrough came when Information Commissioner Vinod Kumar Tiwari, after considering the arguments from both sides, directed the CPIO to provide “generic details of the net taxable income/gross income” of Ramesh’s estranged wife for the specified period.
