VINUBHAI HARIBHAI PATEL Vs. ASSISTANT COMMISSIONER OF INCOME TAX
LAWS(GJH)-2021-1-56
HIGH COURT OF GUJARAT
Decided on January 27,2021

VINUBHAI HARIBHAI PATEL Appellant
VERSUS
ASSISTANT COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

VINEET KOTHARI,J. - (1.) This Letters Patent Appeal is directed against the order of learned Single Judge dated 16.7.2015 whereby the learned Single Judge was pleased to dismiss Special Civil Application No.7187 of 2014 filed by the Petitioner - Appellant Mr. Vinubhai Haribhai Patel (Malavia), Surat against the concerned authorities of the Income Tax Department under the Right to Information Act, 2005 ('the RTI Act' for short) and the private parties - Respondent Nos.4 to 8.
(2.) The learned Single Judge held that the Petitioner is not entitled to get the information in the form of his Income Tax Returns, Status of Agriculturists, disclosure as Business Income or not etc. and from the concerned Authorities of the Income Tax Department under provisions of the RTI Act with respect to private Respondent M/s. Tarunkumar Kantilal Raval and others with whom the present Petitioner has some litigation with regard to the land in question, which the Petitioner claims to have purchased and was again sold by the same Seller in favour of private Respondents also who claimed to be the Agriculturists under a Will. The Petitioner came before the learned Single Judge in the writ petition filed by him that it was a fraud played by the private Respondents upon the Revenue Authorities of the State Government and therefore, it was in the larger public interest to disclose the said 'information' to the Petitioner notwithstanding Section 8(1)(j) of the RTI Act.
(3.) The Petitioner challenged various orders passed by the concerned Authorities of the Income Tax Department acting under provisions of the RTI Act and came after exhausting the remedies available to him under the said RTI Act before the learned Single Judge.;


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