Indiatimes: Hubballi: Thursday, 30 January 2025.
It has come to light that
some public information officers (PIO) in state departments are allegedly
imposing 18% GST on Right to Information (RTI) requests, alongside the
prescribed fee of Rs 2 per page. The move contradicts a 2018 clarification by
the Central Information Commission (CIC) that RTI information is neither goods
nor services. Activists are disappointed and plan to appeal the decision.
A copy of the reply given by executive engineer (elecl), KPTCL, Mangaluru, is making rounds on social media in North Karnataka. It tells the applicant to pay 18% GST along with the fee for the information.
Athani-based activist Bheemanagouda Paragond, who shared the letter on his Facebook account, told TOI that it is another way to discourage people from filing applications under the RTI Act. "Though there is neither a circular from the govt nor an amendment to the Act in this regard, officials are harassing people."
Victor D'souza, a resident of Kadandale village in Mudbidri taluk, Dakshin Kannada district, who filed the application and was instructed to pay the fee and GST, said that as a 400 KV HT line is going via his agricultural lands, he filed an RTI application on Dec 13. "In reply, I am told to pay 18% GST. Though it's against the ct, I will pay it to get information which is needed urgently. I will question the GST later," he added. He also said that he was forced to pay 18% GST since 2022.
Rajashekhara JM, an RTI expert from Ranebennur, said that as per the Act, authorities should upload all allowed information on their website, and they have to provide it free of cost if the applicant seeks the information via email. "There is a Karnataka high court order disallowing the imposition of GST on information. Imposing GST is another way of killing the RTI Act by officials and ruling govts irrespective of party affiliation," he noted.
Dr Shekhar Sajjanar, former state information commissioner, recalled that he issued an order saying no GST on sharing the information and it's against the Act.
When contacted, Gangadhara K, executive engineer of major works, KPTCL, Mangaluru, who sought GST in his reply to D'souza, told TOI that the fee collected for providing information under RTI was a taxable supply. However, as per para (n) of notification No. 2/2018-Central Tax (Rate) dated Jan 25, 2018, issued by the Union govt, the rate of CGST and SGST for services by way of providing information under RTI Act-2005 has been revised as NIL. "Hence, GST on RTI services is not payable w.e.f. Jan 25, 2018," he added. He also said the letter will be revised.
A copy of the reply given by executive engineer (elecl), KPTCL, Mangaluru, is making rounds on social media in North Karnataka. It tells the applicant to pay 18% GST along with the fee for the information.
Athani-based activist Bheemanagouda Paragond, who shared the letter on his Facebook account, told TOI that it is another way to discourage people from filing applications under the RTI Act. "Though there is neither a circular from the govt nor an amendment to the Act in this regard, officials are harassing people."
Victor D'souza, a resident of Kadandale village in Mudbidri taluk, Dakshin Kannada district, who filed the application and was instructed to pay the fee and GST, said that as a 400 KV HT line is going via his agricultural lands, he filed an RTI application on Dec 13. "In reply, I am told to pay 18% GST. Though it's against the ct, I will pay it to get information which is needed urgently. I will question the GST later," he added. He also said that he was forced to pay 18% GST since 2022.
Rajashekhara JM, an RTI expert from Ranebennur, said that as per the Act, authorities should upload all allowed information on their website, and they have to provide it free of cost if the applicant seeks the information via email. "There is a Karnataka high court order disallowing the imposition of GST on information. Imposing GST is another way of killing the RTI Act by officials and ruling govts irrespective of party affiliation," he noted.
Dr Shekhar Sajjanar, former state information commissioner, recalled that he issued an order saying no GST on sharing the information and it's against the Act.
When contacted, Gangadhara K, executive engineer of major works, KPTCL, Mangaluru, who sought GST in his reply to D'souza, told TOI that the fee collected for providing information under RTI was a taxable supply. However, as per para (n) of notification No. 2/2018-Central Tax (Rate) dated Jan 25, 2018, issued by the Union govt, the rate of CGST and SGST for services by way of providing information under RTI Act-2005 has been revised as NIL. "Hence, GST on RTI services is not payable w.e.f. Jan 25, 2018," he added. He also said the letter will be revised.
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