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CA Final · Indirect Tax Laws · Refunds

Under section 158 of the CGST Act, 2017, particulars in returns and documents furnished under the Act must not be disclosed, save as provided in the section. Which of the following disclosures is expressly permitted by section 158(3)?

Disclosure to an officer appointed for the purpose of audit of tax receipts or refunds of tax under the Act is expressly permitted. Section 158(3)(e) lists this as an exception to the general bar on disclosure. Disclosures to competitors, the public or private credit agencies have no such exception.

  1. ADisclosure of a taxpayer's refund claim details to a competitor on request
  2. BDisclosure of particulars to an officer appointed for the purpose of audit of tax receipts or refunds of the tax imposed by the ActCorrect
  3. CDisclosure of all returns to any member of the public on payment of a fee
  4. DDisclosure of particulars to a private credit agency for loan assessment

Explanation

Section 158(3)(e) permits disclosure of particulars to any officer appointed for the purpose of audit of tax receipts or refunds of tax imposed by the Act. The other options are not covered by any exception in sub-section (3); the general rule of non-disclosure applies to them.

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