I ve filed an RTI petition with the IT dept to know the TDS details of the IT returns of my late father,for the TDS that was deducted from the house rent he was supposed to have received.There are 3 legal heirs,me,my mother & my sister. From private sources I ve learnt that the tenant has not deposited any TDS he deducted from the rent & is not divulging details.He is being helped by my sister as the tenant is her brother in law. I & my mother have filed separately 2 RTI applications to know the TDS details. The ITO has asked for the consent of my sister,which she is not likely to give.Not depositing the TDS with the IT dept will lead to violation of tenancy agreement. I want the TDS details so that I can take legal action.Kindly suggest what steps can be taken,if my sister doesnt give written consent to divulge TDS details. Will such an act of not giving consent to get the TDS details not impinge upon my & my mother's right to know that details of my father? Will such an act not keep under wraps what could be a fraud with the Govt.?
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1. The IT etails is confidential information and in general circumstances it is not divulged.
2.However in your case where the applicant is legal heir of deceased assessee and information sought for was of mere TDS the RTI application must be allowed without consent of your sister.
3. SO you can challenge this decisison by filing an appeal beofre the appellate authority in IT department raising dispute over the direction to obtain NOC of your sister.
4.This remains your only option.
1) your sister consent is not required as you along with mother are co owners of the house
2) if income tax authorities refuse to give details fileappeal before SIC
3) you are entitled to know the details
TDS details cannot be furnished under RTI Act as this is third party information, the disclosure of which is exempted from the ambit of RTI Act. Unless all the heirs consent to the sharing of information the disclosure cannot be made by IT dept.
If you dont get the information properly from the authorities which has been sought through RTI act, then you may prefer an appeal and second appeal too if the first appeal also do not fetch the desired result.
You can inform the IT department that the TDS deducted by the tenant has not been deposited with the IT office in that particular period and can request for an action against the defaulter.
