Section 158(1) of the CGST Act, 2017 lays down that the information obtained by a public servant from the record of any proceeding under the CGST…

CA Final · Indirect Tax Laws · MTP · January 2026
Section 158(1) of the CGST Act, 2017 lays down that the information obtained by a public servant from the record of any proceeding under the CGST Act, 2017 is confidential and cannot be disclosed. Is there any exception to this rule? Discuss in brief. (4 Marks)

Suggested Answer and Working Notes:

Yes, the confidential information can be disclosed by the public servant for certain specific purposes in terms of section 158 of the CGST Act, 2017. Such specific purposes are given in brief hereunder: (i) For prosecution (ii) For carrying out the objects of the CGST Act (iii) For service of notice or recovery of demand (iv) For furnishing information to Court in a proceeding where Government is a party (v) For audit of tax receipts or refunds (vi) For inquiry into the conduct of a GST officer (vii) For enabling levy, realisation of any tax or duty (viii) In lawful exercise of powers (ix) For enquiry into a charge of misconduct by any professional (x) For data entry on automated system (xi) For fulfilling the requirement under any other law and in public interest.

Topics: Miscellaneous Provisions, Inspection, Search, Seizure and Arrest

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