The Karnataka High Court has held that the Income Tax returns of an individual could not be revealed to their spouse under the RTI Act unless a clear, larger public interest is established.
The case is of a wife who asked for the information of her husband’s income, along with ITRs, tax payments, and bank information, to support her maintenance claim. The request has been denied by the income tax department, citing confidentiality and fiduciary relationship.
Previously, the Central Information Commission (CIC) had asked for the disclosure of the data. The income tax department, contesting the same, approached the HC.
The Court stressed that income tax details include personal and confidential information, protected u/s 8(1)(j) of the RTI Act.
It is mentioned that the same disclosures shall be directed to an unwarranted invasion of privacy, particularly when emerging out of private matrimonial matters.
Read Also: Karnataka HC Issues RTI Guidelines for Officers on Spouses Seeking ITR Details in Maintenance Cases
Thereafter, the Court repeated that the RTI Act is directed to promote clarity in public operations rather than allowing access to private financial data held by authorities.
Subsequently, the HC ruled that the spousal relationship alone does not override privacy rights, and access to income tax returns cannot be granted without showing a clear public interest.
| Case Title | Income Tax Officer and CPIO vs. Smt. Gulsanober Bano Zafar Ali Ansari |
| Case No. | NO. 34625 OF 2019 (GM-RES) |
| For Petitioner | SRI. M. Dilip and, SRI. Y.V. Raviraj |
| For Respondent | SRI. Kemparaju, and SRI. Shanthi BHushan |
| Karnataka High Court | Read Order |
