Latest Judgements

Dated : June 24, 2020

Right to Information Act- Husband’s Income-tax return - whether wife can see


*Income tax returns of husband - Whether personal information for wife under RTI Act*

The Central Information Commission under Right to Information Act, 2005 was dealing with a Complaint in the case of *Pawan Kr Jain Vs CPIO, Ministry of Finance, Income-tax * where the Income-tax department disclosed information relating to the Income-tax returns of Mr Jain to Ms Sunita Jain wife of the Appellant and it was contended that the Income-tax department acted wrongly in giving the information of a private party. The Commission referred to the judgement of apex court in the case of *Girish Ramchandra Deshpande vs. Central Information Commission & ors. SLP(C) No. 27734 of 2012 dated 03/10/2012*  wherein it was held as under:

The details disclosed by a person in his income tax returns are "personal information" which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information."

Thereafter the court noted decisions of Bombay High court which had held that In a litigation, *where the issue involved is of maintenance of wife, the information relating to the salary details no longer remain confined to the category of personal information concerning both husband and wife, which is available with the husband hence accessible by the wife*

Thus, finally the Commission directed issuance of show cause to the Income-tax department for wrongly disclosing full details instead of only salary details 

*An Important judgement when marital disputes are on the rise these days.*

Pawan Kumar Jain Vs Central Information Commission Download PDF

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