New Delhi: In response to an interim order issued by the Central Information Commission on 4 May 2018, the Income Tax department has submitted a written submission giving details of the taxes paid year-wise by Board of Control for Cricket in India (BCCI) as available in the Oltas, ITD and E-filing Portal for the AY 2004-05 to 2017-18.
The details furnished are as follows:
Appellant Omprakash Kashiram, a resident of Mumbai had filed an appeal against the order of the first Appellate Authority on 8 March 2017 against the CPIO & Dy. Commissioner of Income Tax, Circle 6 (2), Mumbai seeking information regarding the year-wise tax paid by the BCCI from 26 January 1950 to 2016.
The CPIO, through its letter of 18 October 2016, had denied disclosure of information under Section 8 (1) (j) of the RTI Act, 2005. Dissatisfied by the response, the Appellant had approached the First Appellate Auhority (FAA).
The Respondent submitted before the Central Information Commission that initially the information sought was denied undeer Section 8 (1) (j) by the then CPIO. However, subsequent to taking over of the charge, on deputation he had sought the consent of the third party i.e. BCCI under Section 11 and would provide the information, if not denied by the third party. It was also conveyed that the information regarding the tax paid was also available in the public domain on the website of BCCI. On being queried, if he was aware of the decision of the Apex Court in the matter of BCCI vs. Cricket Association of Bihar (2015) 3 SCC 251 and the subsequent recommendation of the Law Commission of India in its Report of 18 April 2018 recommending that the RTI Act be made applicable to the BCCI along with all of its constituent member cricketing associations provided they fulfilled the criteria applicable to BCCI, the Respondent replied in the affirmative. He also confirmed that he had been reading media reports on the above issue.
The Commission also observed that similar issues were adjudicated by the Commission in Appeal No. CIC/RM/A/2012/000197-BJ-FINAL on 5 January 2018 wherein the Appellant had inter alia sought information regarding the details about the Income Tax Arrears pending towards BCCI from the Ministry of Finance. In the said matter, the Commission while allowing disclosure of information observed that the matter involved larger public interest regarding payment of income tax by a body which administers, regulates and controls the game of cricket followed by large number of cricketing fans all over the country. In compliance with the said decision, the Respondent compiled the said information from the o/o the Pr. CIT, Mumbai itself and provided the same as per dossiers of BCCI for AY 2011-12. The Respondent while taking note of the earlier decision of the Commission agreed to disclose the details as available with them expeditiously and not later than 7 days from the date of this order to the Appellant under intimation to the Commission.
The Appellant was not present to contest the submission of the Respondent or to substantiate his claims further.
The Central Information Commissioner Bimal Julka on 4 May 2018 had passed an interim order directing the Respondent to provide information available on their record within a period of 7 days i.e. before 11 May 2018 to the Appellant under intimation to the Commission. Subsequent to receipt of the reply from the Respondent, the Commission pronounced its final decision in the matter on 11 May.
Disposing the appeal, the CIC has said in its final order that no further intervention of the Commission is required in the matter.