2025 (7) TMI 1775

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....LE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH) Sri Kailash Nath P.S.S., learned counsel for the petitioner. Sri B. Mukherjee, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, for respondent No. 1. Sri N. Praveen Reddy, learned counsel for respondent Nos. 2 to 4. 2. The rejection of an application dated 17.10.2024 under Section 138(1)(b) of the Income Tax Act, 1961 (hereinafter referred to as, "the Act"), requesting for information relating to Sri Mothukuri Venkateshwar Sharma in respect of the assessment year commencing on the 1st day of April, 2013, by the office of the Principal Director of Income Tax (Investigation), Hyderabad, on the ground that the information sought for does not invo....

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.... (NV Venkateswaralu) on 19-02-2021 and 07-05-2021with allegations against one Shri Mothukuri Venkateshwara Sharma (MV Sharma). Relevant points of the complaints are stated below: a) Shri MV Sharma retired as Assistant Director in the Endowments Department of State Government of Telangana. He had worked as EO of Peddamma Talli Temple in Jubilee Hills. b) Shri NV Venkateswaralu was married to Ms. Sindhu Sharma, eldest daughter of Shri MV Sharma on 02-08-2012. It was further stated that marital disputes had arisen between the couple and FIR No. 223/2019 was registered on 27-04-2016 in Women Police Station, CCS, Hyderabad. c) Later vide DVC no. 365 of 2019 filed on 5-12-2019, before Hon'ble MM Court of Hyderabad, ....

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....ected the undersigned to provide broad outcome of the enquiry. 5. The Department filed Writ Petition No. 18897 of 2025 against the order of the CIC dated 04-06-2024. The Department late filed Writ Appeal number 439 of 2025, against the decision Learned Single Bench of Hon'ble Telangana High Court in filed by Department. 6. However, since till date, no stay has been granted by the Hon'ble High Court of Telangana in the Writ Appeal, the broad outcomes of the enquiry is being informed to Shri Nooty Vasishta Venkateshwarlu (Appellant under RTI Act, 2005) vide this letter. Consequently, the broad outcomes of the enquiry are being provided below. 7. Broad Outcomes 1. Upon investigation, it was found tha....

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....ioner of Income Tax to furnish the copies of the notice/communication issued to Sri Mothukuri Venkateshwar Sharma pursuant to his complaint dated 18.02.2021 i.e., in respect of enquiry conducted on tax evasion petition filed by him. He also sought the reply and the statement of Sri Mothukuri Venkateshwar Sharma, father of his ex-wife, if any recorded during the course of the proceedings and the order of the proceedings finalising the same in order to bring the real truth in larger public interest. That has been denied by the impugned order dated 29.11.2024 passed by the Principal Director of Income Tax (Investigation) Hyderabad. The petitioner, being aggrieved, has preferred the instant writ petition. 5. Learned counsel for the petitione....

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.... has examined the application on merits and found it not fit to be allowed. 8. We have heard the learned counsel for the parties at length. 9. The narration of relevant background facts in the opening paragraphs in this order need not be repeated. 10. It is apparent that the petitioner is trying to seek information under Section 138(1)(b) of the Act in respect of evasion of tax proceedings initiated at the behest of the petitioner against his father-in-law, to be used as an evidence in a proceeding under Section 498-A of IPC instituted by his ex-wife. The petitioner has already been furnished information under the Right to Information Act, 2005, by the CPIO of the Income Tax Department. Beyond that, further information as regards e....