section 74
Prohibition of disclosure of particulars produced before commercial taxes authorities
The Puducherry Value Added Tax Act, 2007Tax200782 sections10 chapters
Chapter IX MISCELLANEOUS
Statutory text
- (1) All particulars contained in any statement made, return furnished or accounts, registers, records or documents produced under the provisions of this Act or in any evidence given or affidavit or deposition made, in the course of any proceeding under this Act or in any record of any proceedings relating to the recovery of a demand, prepared for the purposes of this Act shall be treated as confidential and shall not be disclosed.
- (2) Nothing contained in sub-section
- (1) shall apply to the disclosure of any such particulars —
- (i) for the purpose of prosecution under the Indian Penal Code or under this Act in respect of any such statement, return, accounts, registers, records, documents, evidence, affidavit or deposition; or
- (ii) to any person enforcing the provisions of this Act, where it is necessary to disclose the same to him for purposes of this Act or the Indian Penal Code;
- (iii) occasioned by the lawful employment under this Act of any process for the recovery of any demand; or
- (iv) to a Civil Court in any suit to which the Government are party and which relates to any matter arising out of any proceeding under this Act; or
- (v) occasioned by the lawful exercise by a public servant of his powers under the law relating to stamp duty for the time being in force to impound or otherwise collect the stamp duty on an insufficiently stamped document; or
- (vi) to an officer of —
- (a) the Government of India; or
- (b) the Government of any State in India with which an agreement for disclosure on a reciprocal basis has been entered into by the Government; or
- (vii) to an officer subordinate to the Government other than an officer of the Commercial Taxes Department of the Union Territory, after obtaining—
- (a) the permission of the Assistant Commissioner, the Deputy Commissioner or the Joint Commissioner of Commercial Taxes as the case may be, where such particulars are to be furnished by an officer subordinate to the Assistant Commissioner of Commercial Taxes; and
- (b) the permission of the Secretary, where such particulars are to be furnished by the Commissioner, the Joint Commissioner, the Deputy Commissioner or by an Assistant Commissioner of Commercial Taxes: Provided that such particulars shall be furnished under this clause only in exceptional cases and any officer obtaining such particulars shall keep them as confidential, use them as confidential and use them only in the lawful exercise of the powers conferred by or under any enactment.
- (3) Nothing contained in this section shall prevent the publication of the final assessment of any party in the prescribed manner.
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