Notification u/s 138 of the Income Tax Act, 1961 in respect of Competition Commission of India

Last updated: 01 August 2020

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This notification specifies the Director General/Secretary of the Competition Commission of India (CCI) as an authority to receive information under Section 138 of the Income Tax Act, 1961. Income tax authorities must ensure the information shared is relevant and necessary for the CCI to perform its functions. It is also crucial that the CCI maintains absolute confidentiality regarding the information provided.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (II)]

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi, the30th of July,2020

NOTIFICATION

In pursuance of sub-clause (ii) of clause (a) of sub-section (I) of section 138 of the Income-tax Act, 1961 , the Central Government hereby specifies Director General/Secretary, Competition Commission of India for the purpose of said clause.

2. It is clarified that income-tax authority, as specified in Notification No. S.O No. 73 I (E) dated 28.07.2000, shall-

(i) furnish only relevant and precise information after forming an opinion that furnishing of such information is necessary so as to enable the above notified authority to perform its functions under the law being administered by it; and

(ii) convey to the . authority being specified vide this notification to maintain absolute confidentiality in respect of information being furnished.

(Rajarajeswari R.)

Under Secretary to the Government ofIndia

Notification No. 57/2020

(F. No. 225/ 98/2019-IT A-II)

The Manager,

Government of India Press,

Mayapuri, New Delhi

Copy forwarded to: -

I. PPS to FM/Dir(FMO)/OSD to MoS(R)/PPS to RS/PPS to Chairman, CBDT and all Members, CBDT.

2. The Chairperson/Director General/Secretary, Competition Commission of India

4. All Pr. CCsIT/DGsIT for kind information.

5. ITCC, CBDT (4 copies)

6.O/o Pr. DGIT (Systems), New Delhi, for placing on the website: incometaxindia.gov.in.

7. Guard File. J.~\?A' (Rajarajeswari R.) Under Secretary to the Government ofIndia

(Rajarajeswari R.)

Under Secretary to the Government ofIndia

FAQ :

This notification specifies the Competition Commission of India (CCI) as an authorised body to receive information under Section 138 of the Income Tax Act, 1961.

The Director General/Secretary of the Competition Commission of India is authorised to receive information.

Income tax authorities can only furnish relevant and precise information that is deemed necessary for the CCI to perform its functions.

The CCI must maintain absolute confidentiality regarding any information furnished to it under this notification.

This notification is issued in pursuance of sub-clause (ii) of clause (a) of sub-section (1) of Section 138 of the Income Tax Act, 1961.