RTI can’t be used to access husband’s Income Tax returns: Delhi HC

New Delhi: Delhi High Court has held that a husband’s income tax returns constitute “personal information” and are exempt from disclosure under the Right to Information Act, 2005 unless a larger public interest justifies such disclosure.Justice Purushaindra Kumar Kaurav set aside an order of the Central Information Commission (CIC) directing that the details be shared with the wife in a matrimonial dispute.“In the instant petition, there can be no doubt that the information sought by Respondent No. 2 (wife) is ‘personal information’ of the petitioner,” the court observed, adding that disclosure in such circumstances would amount to an unwarranted invasion of privacy.The case arose from a challenge by the husband to a CIC direction asking the Income Tax Department to furnish his net taxable income details from the financial year 2007–08 onwards. The request had been made by his wife in connection with a pending maintenance claim arising out of matrimonial proceedings.The husband argued that such information was protected under Section 8(1)(j) of the RTI Act, which exempts personal information from disclosure if it invades privacy.

Accepting this contention, the court held that income tax returns fall squarely within the ambit of personal information and are ordinarily shielded from disclosure.On the scope of the “larger public interest” exception, the court cautioned against an expansive interpretation. “The Act was enacted to promote transparency in the working of public authorities. It could not have been the intention of the legislature to allow disclosure of personal information of individuals, having no bearing on the public at large.

Therefore, the concept of ‘larger public interest’ cannot be interpreted in a way that allows misuse of the provisions of the Act,” it said.Rejecting the wife’s argument that the information was necessary to pursue her maintenance claim, the court noted that “Respondent No. 2 is not without remedy” and can seek disclosure through mechanisms available within maintenance proceedings.Finding the CIC’s directions legally unsustainable, the court set aside the impugned order and allowed the husband’s petition.