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Fwd: [aaykarbhavan] Papers going missing,is not an uncommon : Central Information Commission.

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  • tony mp
    Note: forwarded message attached. CA. TONY.M.P. THRISSUR, KERALA. Mobile: 094470 80631. Email: trc_mptony@yahoo.com www.mptony.blogspot.com President- CA Club,
    Message 1 of 3 , Jun 1, 2008
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      Note: forwarded message attached.

      CA. TONY.M.P.
      THRISSUR, KERALA.
      Mobile: 094470 80631.
      Email: trc_mptony@...
       
      President- CA Club, Thrissur.
      Co-opted Member of Trade Laws & WTO Committee of ICAI, New Delhi.
      Moderator of TAX CONSULTING GROUP.

    • Dipak Shah
      This is not only the case. Even in Hon. Gujarat High Court one case of Amalgamation Granted in the case of Ratnmani Engineering Limited with Ratnamani Metals
      Message 2 of 3 , Jun 1, 2008
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        This is not only the case. Even in Hon. Gujarat High Court one case of Amalgamation Granted in the case of Ratnmani Engineering Limited with Ratnamani Metals and Tubes Limited where only docket , cover, is  avialable ?? No other papers are avaialbale??? It was a case of dividend paid out of capital and also a delay in granting amalagamation after about two years???? Valuation what granted or not not known????
        This has to be adjusted ?? No body is responsible. It has to be accepted and adjsuted only.
        C A Shah D J
        From USA



        tony mp <trc_mptony@...> wrote:


        Note: forwarded message attached.

        CA. TONY.M.P.
        THRISSUR, KERALA.
        Mobile: 094470 80631.
        Email: trc_mptony@yahoo. com
         
        President- CA Club, Thrissur.
        Co-opted Member of Trade Laws & WTO Committee of ICAI, New Delhi.
        Moderator of TAX CONSULTING GROUP.
        To: "IT Case Law Library" <it_law_reported@yahoogroups.com>,
        aaykarbhavan@..., aaykarbhavan@yahoogroups.com
        From: "karnav dave" <kaarnav.dave@...>
        Date: Sun, 1 Jun 2008 21:51:56 +0530
        Subject: [aaykarbhavan] Papers going missing,is not an uncommon : Central Information Commission.

        Papers going missing from Government records is not an uncommon  happening – CPIO's plea that records are not traceable genuine, says Central Information Commission.
         
        NEW DELHI, JUNE 01, 2008 : UNDER the RTI Act, 2005, the applicant  vide his application of May 2007 sought a letter written by the Dy.Commissioner of Income Tax in the year September 2001.
         
        The CPIO searched high & low for the said letter but could not trace  it & naturally he had to reply to the applicant in the negative.  
         
        But the applicant was not satisfied – he feels that this is a lame  excuse .
         
        Before the Central Information Commission, the applicant faulted the  reasoning adopted by the CPIO on the ground that if such a plea is  allowed to be taken, all public authorities would resort to this  excuse of " untraceable records " to deny the information to an  applicant.
         
        The CPIO submitted that in spite of a diligent search, the document  requested by the applicant was found to be untraceable & hence they  had expressed their inability to furnish the desired information.
         
        The Commission noted that they had come across several pleas by the  public authorities about documents going missing or being  untraceable and since old papers going missing from government  records is not an uncommon happening, the only way the motive for  withholding such information by a public authority can be gauged is  by applying the test of reason for withholding such information.
         
        Finding that in the present case, the same public authority had  parted with much of the related information sought, the Commission  concluded that there could not have been any undisclosed motive or  reason for withholding the said letter, which appeared to be fairly  innocuous one and withholding of which might not serve any  ostensible or concealed purpose.
         
        Holding that the plea taken by the public authority appeared  genuine, the appeal was rejected.
         
        From the Archives :
         
        Section 8(3) of the Right to Information Act, 2005 reads –
         
        (3) Subject to the provisions of clauses ( a ), ( c ) and ( i ) of  sub-section ( 1 ), any information relating to any occurrence, event  or matter which has taken place, occurred or happened twenty years  before the date on which any request is made under section 6 shall  be provided to any person making a request under that section:  
         
        So, what about the Basic Manuals in the Department prescribing the  duration for which the records have to be maintained – Are all  records kept permanently? Recently, an applicant sought information  from the CPIO for the past period of 50 years & the public authority  has conveniently passed this application to the lower formations!
         
        (See F.No.CIC/AT/ A/2007/01454 Dated, the 16 th May, 2008)


        --
        Source :


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      • Dipak Shah
        This is not only the case. Even in Hon. Gujarat High Court one case of Amalgamation Granted in the case of Ratnmani Engineering Limited with Ratnamani Metals
        Message 3 of 3 , Jun 1, 2008
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        • 0 Attachment
          This is not only the case. Even in Hon. Gujarat High Court one case of Amalgamation Granted in the case of Ratnmani Engineering Limited with Ratnamani Metals and Tubes Limited where only docket , cover, is  avialable ?? No other papers are avaialbale??? It was a case of dividend paid out of capital and also a delay in granting amalagamation after about two years???? Valuation what granted or not not known????
          This has to be adjusted ?? No body is responsible. It has to be accepted and adjsuted only.
          C A Shah D J
          From USA



          tony mp <trc_mptony@...> wrote:


          Note: forwarded message attached.

          CA. TONY.M.P.
          THRISSUR, KERALA.
          Mobile: 094470 80631.
          Email: trc_mptony@yahoo. com
           
          President- CA Club, Thrissur.
          Co-opted Member of Trade Laws & WTO Committee of ICAI, New Delhi.
          Moderator of TAX CONSULTING GROUP.
          To: "IT Case Law Library" <it_law_reported@yahoogroups.com>,
          aaykarbhavan@..., aaykarbhavan@yahoogroups.com
          From: "karnav dave" <kaarnav.dave@...>
          Date: Sun, 1 Jun 2008 21:51:56 +0530
          Subject: [aaykarbhavan] Papers going missing,is not an uncommon : Central Information Commission.

          Papers going missing from Government records is not an uncommon  happening – CPIO's plea that records are not traceable genuine, says Central Information Commission.
           
          NEW DELHI, JUNE 01, 2008 : UNDER the RTI Act, 2005, the applicant  vide his application of May 2007 sought a letter written by the Dy.Commissioner of Income Tax in the year September 2001.
           
          The CPIO searched high & low for the said letter but could not trace  it & naturally he had to reply to the applicant in the negative.  
           
          But the applicant was not satisfied – he feels that this is a lame  excuse .
           
          Before the Central Information Commission, the applicant faulted the  reasoning adopted by the CPIO on the ground that if such a plea is  allowed to be taken, all public authorities would resort to this  excuse of " untraceable records " to deny the information to an  applicant.
           
          The CPIO submitted that in spite of a diligent search, the document  requested by the applicant was found to be untraceable & hence they  had expressed their inability to furnish the desired information.
           
          The Commission noted that they had come across several pleas by the  public authorities about documents going missing or being  untraceable and since old papers going missing from government  records is not an uncommon happening, the only way the motive for  withholding such information by a public authority can be gauged is  by applying the test of reason for withholding such information.
           
          Finding that in the present case, the same public authority had  parted with much of the related information sought, the Commission  concluded that there could not have been any undisclosed motive or  reason for withholding the said letter, which appeared to be fairly  innocuous one and withholding of which might not serve any  ostensible or concealed purpose.
           
          Holding that the plea taken by the public authority appeared  genuine, the appeal was rejected.
           
          From the Archives :
           
          Section 8(3) of the Right to Information Act, 2005 reads –
           
          (3) Subject to the provisions of clauses ( a ), ( c ) and ( i ) of  sub-section ( 1 ), any information relating to any occurrence, event  or matter which has taken place, occurred or happened twenty years  before the date on which any request is made under section 6 shall  be provided to any person making a request under that section:  
           
          So, what about the Basic Manuals in the Department prescribing the  duration for which the records have to be maintained – Are all  records kept permanently? Recently, an applicant sought information  from the CPIO for the past period of 50 years & the public authority  has conveniently passed this application to the lower formations!
           
          (See F.No.CIC/AT/ A/2007/01454 Dated, the 16 th May, 2008)


          --
          Source :


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