I-T dept refuse to divulge KGB’s tax returns

KOCHI: Income Tax (I-T) authorities rejected an RTI plea to divulge the details of returns filed by former chief justice of India and National Human Rights Commission (NHRC) chairman Justice KG Balakrishnan.
``To get a copy of I-T returns, either the RTI applicant must be able to establish the larger public interest or the defendant should not have any objection against this.In this case, both these conditions don't apply,'' said A Mohan, Kochi's additional commissioner of I-T.
RTI petitioner T Balachandran had pointed to media reports alleging corruption (against Justice Balakrishnan).
In his order, the I-T official said, ``From the documents and arguments put forward by the appellant larger public interest do not stand established as contained in Section 8 (J) of the RTI Act. This is so because allegations in the media on corruption ipso facto do not justify invoking larger public interest.''
Mohan also said that Justice Balakrishnan has agreed to furnish details of total income, taxable income and tax paid by him. He directed the CPIO of the I-T department to give Balachandran a copy of the I-T assessment order of Justice Balakrishnan for 2007-2008 after masking the PAN number details.
Balachandran said he would appeal against the I-T additional commissioner's order before the Central Information Commission.
Earlier Justice Balakrishnan filed an affidavit through an advocate reiterating that he had no objection in disclosing his total income, but cannot divulge details of his I-T returns.
``It is an accepted fact that the income derived from any of the assets as divulged by him (Justice Balakrishnan) is purely personal in nature and publishing the same will certainly be an invasion of personal liberty of the person and, therefore, the same is hit by Section 8 (J) of the RTI Act 2005,'' the advocate said in his affidavit.
Pointing out that the I-T returns filed by him contained the PAN card and bank account number Justice Balakrishnan's advocate said there were possibilities of tampering and misuse of these details if made public.
Details of the judge's assets have already been published in the website (of the Supreme Court), the advocate said. The remittance of income tax by Justice Balakrishnan was in his personal capacity and not as the Chief Justice of India.
The affidavit alleged the petitioner had malafide intention and vested interests to tarnish Justice Balakrishnan.