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2025 Supreme(Online)(CIC) 2728

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
Mahadev Dass – Appellant
Versus
CPIO, Office of the Principal Commissioner of CGST & CX Kolkata North – Respondent
CIC/CCEKL/A/2024/107291|CIC/CCEKL/A/2024/109807|CIC/CCUKL/A/2024/109769|CIC/CCEKL/A/2024/109241



Advocates:
For the Appellants/Petitioners:
For the Respondents: Shri Shyama Mondal, Dy. Commissioner-cum-CPIO

Non-existent information cannot be provided under RTI Act; third-party consent irrelevant if records absent; appeals dismissed for lack of clean hands.

Headnote:Under the Right to Information Act, 2005 (RTI Act), particularly Sections 6(3) and 11, appellant sought GST registration certificates of third parties via multiple offline RTI applications filed in December 2023. No records found for named individuals in relevant divisions; applications transferred under S.6(3). CPIO and FAA provided replies confirming non-existence of records, though delayed. Court observed appellant suppressed receipt of responses, lacking clean hands. Issues framed around non-response claims despite replies provided and third-party information not held. Ratio: Non-existent information cannot be disclosed; third-party consent under S.11 unnecessary if records absent. Replies by CPIO/FAA compliant with RTI Act; penal action unwarranted due to procedural lapses by appellant. Second appeals dismissed; no relief granted, but respondent directed to share written submissions free via email within one week.

Table of Content
1. details of multiple rti applications seeking gst certificates for third parties. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. respondent's submissions confirm no records exist after transfers. (Para 10 , 11)
3. appellant suppressed responses; no violation by cpio. (Para 12 , 13 , 14)
4. appeals dismissed; provide submissions copy. (Para 15 , 16)

Information sought:

1. The Appellant filed an RTI application dated 26.12.2023 (offline) seeking the following information:

“Please provide detailed information on various points under the Right to Information Act 2005, but if the information is not available in the said office, the information should be made available by transferring the information application under the rules mentioned in the Right to Information Act 2005 that Please provide Xerox copy of Goods and Services Tax (G. S. T) Registration certificate and any others certificate which registered in the name of-

Sanchita Das @ Nisha Das @ Parul Das (Aged about 30 years), D/o- Gurupado Das (a) Gurupada Das, Address No-1- Vill GohalBati, Post Office and Police Station - Habra, District North 24 Parganas, West Bengal, Pin Code-743263 Address No-2- Pragati Nagar, Near Adarsh Vikash Vidyalay, Station Road, Bara Gamharia, P. O. Gamharia, P. S. Adityapur, District Seraikella Kharsawan, Jharkhand, Pin-832108.”

2. Not having received any response from the CPIO, the appellant filed a First Appeal dated 28.01.2024. The FAA order is not on record.

CIC/CCEKL/A/2024/109807

Relevant facts emerging from appeal:

RTI application filed on : 29.12.2023

CPIO replied on : Not on record

First appeal filed on : 01.02.2023

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 21.03.2024

Information sought:

3. The Appellant filed an RTI application dated 29.12.2023 (offline) seeking the following information:

“Please provide detailed information on various points under the Right to Information Act 2005, but if the information is not available in the said office, the information should be made available by transferring the information application under the rules mentioned in the Right to Information Act 2005 that Please provide Xerox copy of Goods and Services Tax (G. S. T) Registration certificate and any others certificate which registered in the name of- Pinky Khans @ Pinki Khan, D/o - Dulal Candra Khan, Resident of - Vill - GohalBati, Post Office and Police Station - Habra, District - North 24 Parganas, West Bengal, Pin Code – 743263.”

4. Not having received any response from the CPIO, the appellant filed a First Appeal dated 01.02.2023. The FAA order is not on record.

CIC/CCUKL/A/2024/109769

Relevant facts emerging from appeal:

RTI application filed on : 31.12.2023

CPIO replied on : Not on record

First appeal filed on : 02.02.2024

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 22.03.2024

Information sought:

5. The Appellant filed an RTI application dated 31.12.2023 (offline) seeking the following information:

“Please provide detailed information on various points under the Right to Information Act 2005, but if the information is not available in the said office, the information should be made available by transferring the information application under the rules mentioned in the Right to Information Act 2005 that Please provide Xerox copy of Goods and Services Tax (G. S. T) Registration certificate and any others certificate which registered in the name of- Dulal Chandra Khan, Resident of - Vill GohalBati, Post Office and Police Station - Habra, District - North 24 Parganas, West Bengal, Pin Code –743263.”

6. Not having received any response from the CPIO, the appellant filed a First Appeal dated 02.02.2024. The FAA order is not on record.

CIC/CCEKL/A/2024/109241

Relevant facts emerging from appeal:

RTI application filed on : 24.12.2023

CPIO replied on : Not on record

First appeal filed on : 24.01.2024

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 17.03.2024

Information sought:

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