CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi-110067 Tel: +91-11-26105682

File No.CIC/DS/A/2011/003122/RM

Appellant:

Shri Subhash Chandra Agrawal, Delhi

Public Authority:

CBDT, New Delhi

Date of Hearing:

16.10.2012

Date of decision:

16.10.2012

Heard today, dated 16.10.2012 through video conferencing. Appellant present. The Public Authority is represented by Smt. Deepshikha Sharma, Dy. Secy. (ITA.1) and Smt. Surabhi Sharma, Under Secy.(ITA.1). The above parties were heard and records perused. FACTS Vide RTI dt 2.04.11, appellant had sought information on 12 points from the Prime Ministers Office. 2. CPIO, Cabinet Secretariat vide letter dt 31.5.11 and CPIO, OSD(ITA-1), CBDT vide letter dt. 24.6.11 provided a response. 3. An appeal was filed on 4.7.11 with CBDT.

4. 5. 6.
i.

AA vide order dt 4.8.11 upheld the decision of the CPIO. Not satisfied with the response, he filed the present appeal. The appellant submitted the following:Point no. 1 of RTI- If the minutes of the Cabinet meeting are not available with the CBDT, they may transfer the petition back to the Cabinet Secretariat. As per RTI Act, once action is over, minutes of the Cabinet meeting can be disclosed as per section 8(1)(i) of the RTI Act. The appellant has been provided a copy of the exemption letter issued by CBDT dt. 27.5.11. Point no. 10 of RTI- The appellant had sought copy of any such request for tax waiver put before the Union Cabinet. In this connection, the appellant submitted that if the copy of the request seeking exemption u/s 10(39) of the IT Act contains details which are exempt, he may be provided a copy of the covering letter after whitening portions deemed exempt.

ii.

DECISION 7. The Commission directs the CPIO, OSD(ITA-1), CBDT to transfer point no. 1 of the RTI to CPIO, Cabinet Secretariat for taking action as per the provisions of the RTI Act. 8. The Commission further directs the CPIO, OSD(ITA-1) to provide a copy of the letter sought by the appellant at point no. 10, if put before the Union Cabinet after applying provisions of section 10 of the RTI Act. The above orders be complied with within three weeks from date of receipt of the orders. The appeal is disposed of. Sd/(Rajiv Mathur) Central Information Commissioner Authenticated true c opy forwarded to : Shri Subhash Chandra Agrawal 1775, Kucha Lattushah, Dariba, Chandni Chowk, Delhi - 110006

The OSD(ITA-I) & CPIO(RTI Cell) Deptt. of Revnue , M/o. Finance CBDt, North Block, New Delhi 110 001 The Director (ITA-I) & First Appellate Authority (RTI Cell) Deptt. of Revnue , M/o. Finance CBDt, North Block, New Delhi 110 001 (Raghubir Singh) Deputy Registrar