Husband being in Income Tax Department Obtained ITR of Wife Illegally- Disciplinary Inquiry Instituted Against Husband

In the instant case, the Allahabad High Court directed the Principal Chief Commissioner, Income Tax, Mumbai, to look into allegations raised against an Assistant Income Tax Commissioner who is accused of using his estranged wife’s income tax documents to harass her.

Case Before the Court:

The petitioner submitted that there is a marital dispute between her and OP No.5 who is an Assistant Commissioner, Income Tax, posted at Mumbai. 

It was further submitted that taking advantage of his position, opposite party No.5 has obtained certain documents filed by the petitioner with her income-tax return and these documents have been misused to file them before different Courts and before different authorities.

Counsel for the petitioner contended that a person’s information in his income-tax return is confidential and cannot be made public without the consent of the assessee.

Such an act violates the right of privacy, and the fundamental right under Article 21 of the Constitution of India submitted the counsel.

Opinion of the Court:

The Court observed that Learned Assistant Solicitor General of India appearing for opposite party No.1 stated that disciplinary proceedings have already been initiated against opposite party No.5.

Hon’ble Court opined that higher authorities of OP No.5 should look into the grievance of the petitioner. 

The Court gave the petitioner liberty to approach  Principal Chief Commissioner, Income Tax, Mumbai Zone, Mumbai. It directed that if a representation is made, then OP No.4 will look into the matter and do the needful as per law, expeditiously.

Observing thus, the Court disposed of the writ.

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