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…

(b) Yes, the confidential information can be disclosed by the public servant for certain specific purposes in terms of section 158 (3) 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. Alternative Answer The procedure to be followed by the Authority for Advance Ruling (AAR) on receipt of the application for advance ruling under section 98 of the CGST Act, 2017 is as under: 1. Upon receipt of an application, the AAR shall send a copy of application to the officer in whose jurisdiction the applicant falls and call for all relevant records. 2. The AAR may then examine the application along with the records and may also hear the applicant. Thereafter he will pass an order either admitting or rejecting the application. 3. Application for advance ruling will not be admitted in cases where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act. 4. If the application is rejected, it should be by way of a speaking order giving the reasons for rejection and only after giving an opportunity of being heard to the applicant. 5. If the application is admitted, the AAR shall pronounce its ruling on the question specified in the application. Before giving its ruling, it shall examine the application and any further material furnished by the applicant or by the concerned departmental officer. 6. Before giving the ruling, AAR must hear the applicant or his authorized representative as well as the jurisdictional officers of CGST/ SGST. 7. If there is a difference of opinion between the two members of AAR, they shall refer the point or points on which they differ to the Appellate Authority for hearing the issue 8. The Authority shall pronounce its advance ruling in writing within 90 days from the date of receipt of application. 9. A copy of the advance ruling duly signed by members and certified in prescribed manner shall be sent to the applicant, the concerned officer and the jurisdictional officer.