RTI-- Income Tax Returns Of Spouse Constitute Personal Information Exempt From RTI Disclosure -- Larger Public Interest Not Established In Individual Maintenance Disputes
Income Tax Returns and financial records of a spouse constitute "personal information" exempt from disclosure under Section 8(1)(j) of the Right to Information Act, 2005, unless larger public interest is established. An individual maintenance dispute between spouses does not satisfy the test of larger public interest. However, courts adjudicating maintenance proceedings may suo motu invoke their powers to summon income tax returns and financial records from the Income Tax Department under Section 138 of the Income Tax Act, 1961, and must not determine maintenance solely on the basis of oral assertions or unverified claims regarding income.
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