ITR details before 2005 and RTI handling to a second person



  • Can we get the ITR (income tax return) details of a person of years 1995-2010. Whether PIO will supply information ITR details to any other person and records of ITR before 2005.


  • RTI Experts

    Depends.

    The Income Tax Department is a public authority and the RTI Act is applicable to it.

    Obtaining of Income Tax Returns of a third person under RTI Act depends on a number of factors. Accessing a third person's ITR is not permissible under the RTI Act. Personal information is exempt from disclosure under section 8 of RTI Act. However, in case any larger public interest can be highlighted, this information may be disclosed under RTI Act.

    In case of obtaining ITR of the spouse, Such information would not constitute personal information and section 8(1)(j) would not be applicable and a larger public interest in involved which overrides personal information. As per a recent CIC judgment titled Prashansa Sharma v Delhi Transco Ltd dated 03.02.2015, it has been laid down that spouses have a right to access each others income details including ITR details.


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