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    Soham Banerjee
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    The appellant had filed a Tax Evasion Petition (TEP) against an individual and sought information about the notice issued and status of the inquiry under an RTI application. The Central Public Information Officer responded that the investigation was ongoing. In the appeal hearing, the Public Authority representative stated the investigation was still continuing. The Central Information Commissioner directed the Income Tax Officer to complete the investigation within three months and inform the appellant of the broad outcome, such as if the TEP allegations were fully, partially, or not true. The appeal was disposed subject to these directions.

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    TAX EVASION PETITION

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    The appellant had filed a Tax Evasion Petition (TEP) against an individual and sought information about the notice issued and status of the inquiry under an RTI application. The Central Public Information Officer responded that the investigation was ongoing. In the appeal hearing, the Public Authority representative stated the investigation was still continuing. The Central Information Commissioner directed the Income Tax Officer to complete the investigation within three months and inform the appellant of the broad outcome, such as if the TEP allegations were fully, partially, or not true. The appeal was disposed subject to these directions.

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    7 views2 pages

    Tep Attach 01

    Uploaded by

    Soham Banerjee
    The appellant had filed a Tax Evasion Petition (TEP) against an individual and sought information about the notice issued and status of the inquiry under an RTI application. The Central Public Information Officer responded that the investigation was ongoing. In the appeal hearing, the Public Authority representative stated the investigation was still continuing. The Central Information Commissioner directed the Income Tax Officer to complete the investigation within three months and inform the appellant of the broad outcome, such as if the TEP allegations were fully, partially, or not true. The appeal was disposed subject to these directions.

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    of 2

    CENTRAL INFORMATION COMMISSION

    Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

    File No. CIC/LS/A/2009/001179


    Appellant

    Sh. Virag R. Dhulia

    Public Authority

    Income Tax Deptt; Kolkata


    (through : Sh. D.K. Kedia, ITO, Ward
    34(3), Kolkata).

    Date of hearing

    18.02.2010

    Date of decision

    18.02.2010

    Facts :It appears that the appellant had filed a TEP against Shri Harish Goda. In this
    connection, he had sought information on the following 04 paras vide RTI
    application dated 6.6.2009 :(i)

    Under which section was the notice issued to Mr. Harish Goda?

    (ii)
    Please provide a copy of the notice issued to Mr. harish Goda for the
    said TEP?
    (iii)

    Please provide a copy of the acknowledgment of Mr. harish goda


    having received the notice.

    (iv)

    Please provide the details about the current status of the inquiry.

    2.
    The CPIO had informed him vide letter dated 31.7.2009 that the investigation
    into the matter was continuing.
    3.

    Aggrieved with this, the appellant has filed the present appeal.

    4.
    Heard on 18.02.2010. Appellant not present. The Public Authority is
    represented by the officer named above. It is his say that the investigation in the
    TEP is still continuing and further action is to be taken by ITO, Ward 31(3), Kolkata.
    5.

    It is to be noted that investigation into a TEP cannot be allowed to go on


    ad-infinitum and that it should be concluded in a reasonable time frame
    whereafter the broad outcome thereof needs to be communicated to the
    appellant i.e. whether the allegations made in the TEP are fully true,
    partially true or untrue. No further information needs to be disclosed at
    this stage.

    DECISION
    6.
    In view of the above, Income Tax Officer, Ward 31(3), 10 B.C., Middleton
    Row, Kolkata-700017, is hereby directed to complete the investigation in next three
    months time and intimate the broad outcome thereof, as indicated herein above, to
    the appellant in three months time.
    7.

    The appeal is disposed of subject to the above directions.


    (M.L. Sharma)
    Central Information Commissioner

    Authenticated true copy. Additional copies of orders shall be supplied against


    application and payment of the charges, prescribed under the Act, to the CPIO of this
    Commission.

    (K.L. Das)
    Assistant Registrar
    Address :
    1. The ITO Ward 34(3) & CPIO,
    10-B.C., Middleton Row,
    Kolkata-700017.
    2. Shri Virag R. Dhulia,
    203 KK towers, 6th Cross,
    Balaji Layout Kaggadaspura,
    CV Raman Nagar,
    Bangalore-560093.

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