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Tax-statements of a corporate group may be given under the RTI Act as its privacy clause is limited to individuals and does not extend to organisations,
December 20, 2009
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Tax-statements of a corporate group may be given under the RTI Act as its privacy clause is limited to individuals and does not extend to organisations, feels Chief Information Commissioner Wajahat Habibullah.
"We have given a decision that tax details of political parties can be disclosed under the Act. Corporate groups are more or less similar organisations. The privacy clause in the RTI Act section 8(1)(j) deals with privacy of 'individuals' but does not extend to organisations. But the disclosure has to be decided on basis of merit in each case," he told PTI.
However, he made it clear that such information cannot be sought directly from the private business groups but from a government department which holds it. Disclosure of corporate tax information under right to information allows release when held by government department on merit. Tax statements of a corporate group can be disclosed under the Right to Information because the statutory privacy protection addresses individuals rather than organisations; disclosure must be decided on merit. Such information must be sought from the government department that holds the records and not directly from private business groups, with custodial status and public-interest considerations governing release.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Disclosure of corporate tax information under right to information allows release when held by government department on merit.
Tax statements of a corporate group can be disclosed under the Right to Information because the statutory privacy protection addresses individuals rather than organisations; disclosure must be decided on merit. Such information must be sought from the government department that holds the records and not directly from private business groups, with custodial status and public-interest considerations governing release.
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