Ex-CJI makes U-turn, says won’t reveal I-T returns
In a dramatic reversal of stance, former Chief Justice of India K.G. Balakrishnan objected to disclosing his income-tax returns citing invasion to his personal liberty.
Following the refusal, the income-tax appellate authority, in a hearing held here Monday afternoon, rejected the Right to Information application seeking asset details.
In an earlier statement, filed April 5, ex-CJI Balakrishnan had agreed to reveal details of his personal assets, save his Perma-nent Account Number.
In the latest statement, Justice Balakrishnan submitted that publishing the income derived from his assets is certainly an invasion of his personal liberty and the same is excluded as per Section 8(j) of the Right to Information Act, 2005.
The statement also pointed out that the remittance of income-tax by ex-CJI Balakrishnan is in his personal capacity and not under the capacity of Chief Justice of India.
In the afternoon hearing, the first appellate authority upheld the earlier decision of the central public information officer in denying the asset details of the former Chief Justice to the applicant, Dr Balachandran.
The appellate authority noted that either one of two conditions should be met for providing the details sought. Either the appellant should be able to prove larger public interest or there should be no objection from Justice Balakrishnan. As both these fail, the decision of the public information officer in not providing I-T return is upheld, the authority ruled.
The appellate authority also directed the public information officer to forward a copy of the assessment order for 2008-09 to the appellant after masking the PAN as there are no personal details other than what has been agreed to by Justice Balakrishnan.
In the statement filed on April 5, Justice Balakrishnan had revealed that he has assets in six places in the country. While five of his assets are in Kerala itself, he also owns a residential plot in Faridabad district of Haryana. Additionally, Justice Balakrishnan had disclosed that he does not own any shares in any company and does not have any bank account other than a salary savings account.
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