IT authority upholds non-disclosure of Balakrishnan's returns

No larger public interest involved, rulkes appellate authority

PTI | April 19, 2011



An income tax appellate authority here has upheld the order of central public information officer (CPIO) not to provide a copy of NHRC chairperson and former CJI K G Balakrishnan's I-T returns to an RTI applicant.

Disposing off an appeal by the RTI applicant, the authority said that to provide a copy of IT return to the appellant either he should be able to establish a "larger public interest" or there should be no objection from the former CJI.

"Both these aspects fail, hence I uphold the decision of CPIO not to provide copy of I-T returns to the appellant," the order issued yesterday by additional commissioner of income tax (Kochi) A Mohan said.

The order, however, directed the CPIO to forward a copy of the I-T assessment order to the appellant T Balachandran after masking the permanent account number of Balakrishnan.

Balakrishnan had sought rejection of the RTI petition, saying the applicant had "malafide intentions" and "vested interests" to tarnish his image and that the information sought was personal in nature which can be fraudulently used.

In his order, the I-T additional commissioner said from the documents and arguments put forward by the appellant, a "larger public interest" do not stand established as contained in Sec 8 (j) of the Right to Information Act.

The order said allegations in the media on corruption 'ipso facto' (by the fact itself) do not justify invoking "larger public interest" and more firm evidence that corruption actually exists should be produced or there should be reason to believe on the basis of records produced that corruption actually exists.

Citing several allegations of corruption against justice Balakrishnan's relatives appearing in the press, the applicant had sought the certified copies of I-T returns for 2006-07 to 2009-10.

I-T authorities had in February 2010 refused to reveal details of tax returns filed by Balakrishnan and his family members after he objected to the disclosures, following which the present appeal was filed.

In his order, Mohan said: "Prima facie it appears that the sought for information pertains to allegations of corruption as stated in order of Central Information Commission has not been established before me."

While objecting to disclosure of his IT returns, Balakrishnan, however, had agreed to disclose his total income, taxable income and amount paid as income tax.

Balakrishnan's counsel Benny Antony Parel stated "information on ancestral/self acquired property, if disclosed, will be clear invasion of privacy."

Comments

 

Other News

Distinguishing Fish 1 and Fish 2: The pragmatism behind India’s WTO ratification

 India became the 123rd WTO member to ratify the multilateral Agreement on Fisheries subsidies (AoFS) when it deposited the Instrument of Acceptance for Phase 1 on July 20, 2026. The ratification is restricted to disciplining Illegal, Unreported and Unregulated fishing (IUU), protection for overfished

The 7% growth problem: Why the next 7% will be harder

India has become accustomed to hearing the 7% growth number. It is now less a milestone than an expectation. Yet the paradox is becoming clearer: maintaining 7% growth may be considerably harder than achieving it once. India’s real GDP grew 7.7% in FY2025–26, following growth of 6.5% in FY202

The Constitution cannot be altered: Justice Abhay Oka

Justice Abhay Oka, who retired from the Supreme Court in May 2025, has said that the Constitution of India cannot be altered. Explaining the landmark Kesavananda Bharati judgment (1973) on the basic structure of the Constitution, he said, “This is one judgment that has saved democracy in India.&rdq

How the flora and fauna evolved in the Indian subcontinent

Mammals of India  By A.J.T. Johnsingh and P.O. Nameer HarperCollins India in association with Bombay Natural History Society  

India`s renewable race is moving beyond megawatts

When Shell bought Sprng Energy in 2022, India`s renewable energy market appeared to offer precisely what global energy majors were seeking: scale, growth and a place in one of the world`s largest energy transitions. Four years later, Shell is selling the same business to Aditya Birla Group for an enterpris

Nepal Floods: India keeps close watch on the situation

India`s central government has been keeping a close watch on the situation arising out of the flash flood in Nepal on Wednesday. Union home minister Amit Shah spoke with the chief ministers of Bihar and Uttar Pradesh, the two states that share the border with Nepal, regarding the disaster

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter