Information regarding a Service Tax investigation case
23 May, 2012Background
The appellant sought information related to a case under investigation against a firm. The Public Information Officer (PIO) denied the information under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act, 2009 on the basis of the report received from the holder of information i.e. Assistant Commissioner (preventive). It was informed to the Commission during the hearing that earlier the case was taken up by Service Tax Range, and at that time, copies of summons and other documents related with the said case were already provided to the appellant under the RTI Act by the PIO. Now the case is under investigation by the preventive branch at headquarters. The PIO submitted that an investigation against the firm was in its final stages and was likely to be completed shortly
View of CIC
The Central Information Commission (CIC) rejected the appeal observing that the information sought by the appellant relates to an on-going investigation against the firm and attracts the provisions of section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
Citation: Shri Vijay Dayaram Chauhan v. Office of the Commissioner of Customs in Case No. CIC/AT/A/2010/001202/SS
RTI Citation : RTIFI/2012/CIC/314
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