• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Friday, March 5, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

Husband Cannot Get Information About Wife’s Income Tax Return and Bank Details under RTI

by Law Trend
January 24, 2021
in Court Updates, Trending Stories
3 min read
RTI
819
SHARES
2.3k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

In an important judgement, the Central Information Commission has ruled that a husband is not entitled to seek information about his wife’s bank details & income tax return under Right to Information Act, 2005. The Commission also observed that filing of Income Tax returns with the tax department by a person is not a public activity.

Case Before the Commission:-

The appellant/husband sought information related to all banks’ name and branch address wherein his spouse had an account during the financial years 2012-2013 to 2017-2018. Before the Commission, the husband contended as he was seeking information about his legally wedded wife, CPIO should invoke Section 11 of RTI Act. He further submitted that the Department should disclose information about his wife’s bank account and income tax returns.

On the other hand, the respondents( CPIO, the office of Income Tax ) argued that information that the petitioner was seeking, was personal. Therefore the Department claimed exemption u/s 8(1)(j) of RTI Act. They further argued that Section 11 could only be invoked if CPIO intends to disclose the information. Still, if CPIO is satisfied that information should not be disclosed u/s 8(1)(j) of the RTI Act, Section 11 cannot be invoked.

The decision of the Commission:-

The Commission agreed with the stand of the respondents and observed that the CPIO is expected to follow the procedure mentioned u/s 11 when they want to disclose any information, however in the instant case, the CPIO did not see any reason to disclose the information, so Section 11 was not invoked.

In this regard, reliance was placed on Girish Ramchandra Deshpande vs Central Information Commission where the Supreme Court held that details disclosed by a person in their IT returns were personal information and is exempted under Section 8(1)(j) of RTI Act unless the information is related larger public interest.

The Commission also referred to Vijay Prakash vs Union of India where the Delhi High Court held that in a personal dispute between wife and husband exemption from disclosure u/s Section 8(1)(j) cannot be disturbed or lifted unless the petitioner can prove that the information would be in the public interest.

Lastly, the Commission opined that in the absence of any larger public interest in the case, the appellant is not entitled to seek information about his wife’s income tax returns and bank details as it is exempted u/s 8(1)(j) of RTI Act.

Case Details:-

Title: Pawan Kumar Saluja vs CPIO O/o Income Tax

Case No.: Second Appeal No. CIC/A/2019/120284

Date of Order:05.01.2021

Coram: Information Commissioner Neeraj Kumar Gupta

READ/DOWNLOAD ORDER

Tags: husban wifehusband wiferti

Related Posts

supreme court 2021 2
Judgements

Can Non-explanation or False Explanation by Accused U/s 313 CrpC be used to complete chain of Circumstances? SC

March 4, 2021
ncdrc
Court Updates

Can Consumer Court Entertain Complaint After Adjudication of Dispute in Arbitration? NCDRC

March 4, 2021
Supreme Court 2021
Trending Stories

We Should Send a Message to the Bar that the Apex Court Will Not Adjourn the Matter for Nothing: SC

March 4, 2021

Advertisement

POPULAR NEWS

  • Justice Pushpa V Ganediwala lawtrend

    Bombay HC Judge who gave “Skin to Skin” POCSO Verdict loses Judgeship Confirmation

    5733 shares
    Share 2293 Tweet 1433
  • Where is the Provision of Using Advocate Sticker on Vehicle?

    5119 shares
    Share 2048 Tweet 1280
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4831 shares
    Share 1932 Tweet 1207
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4702 shares
    Share 1881 Tweet 1176
  • Husband-Wife Take Oath as High Court Judge

    3271 shares
    Share 1308 Tweet 818
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In