DEMO|

THE KERALA VALUE ADDED TAX ACT, 2003
CHAPTER IX : MISCELLANEOUS

Body 85. Prohibition of disclosure of particulars produced before commercial tax authorities.-

(1) All particulars contained in any statement made, return furnished or accounts, registers or documents produced under the provisions of this Act or in the evidence given or affidavit or deposition made in the course of any proceeding under this Act or in any record of any proceeding 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) to any officer of the State Goods and Services Tax Department;

    (ii) for the purpose of prosecution under the Indian Penal Code (Central Act 45 of 1860), or under this Act in respect of any such statement, return, accounts, registers, documents, evidence, affidavit or deposition;

    (iii) to any person enforcing the provisions of this Act where it is necessary to disclose the same to him for the purposes of this Act;

    (iv) occasioned by the lawful employment under this Act of any process for the recovery of any demand;

    (v) 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;

    (vi) occasioned by the lawful exercise by a public servant of his powers under the Kerala Stamp Act, 1959 (Act 17 of 1959), or the Indian Stamp Act, 1899 (Central Act 2 of 1899), to impound an insufficiently stamped document;

    (vii) to an officer of the Government of India, or the Government of any State or Union Territory in India, if an agreement for disclosure on a reciprocal basis has been entered into between the Government and the Government of India or the Government of the State or Union Territory, as the case may be:

    (viii) to the Director of Statistics or any officer serving under him and authorized by him in this behalf, as may be necessary for conducting statistical survey;

    (ix) to the Director of the Centre for Taxation Studies or any person authorized by him in this behalf, as may be necessary for conducting any research or other studies;

    (x) to an officer of any Department of the Central Government or the Government of Kerala after obtaining,-

      (a) the permission of the Joint Commissioner of State Tax, where such particulars are to be furnished by an officer subordinate to the Joint Commissioner of State Tax; and

      (b) the permission of the Commissioner of State Tax, where such particulars are to be furnished by an officer not below the rank of a Joint Commissioner of State Tax:

    Provided that such particulars shall be furnished under clause (x) only in exceptional cases and that any officer obtaining such particulars shall keep them as confidential and use them only in the lawful exercise of the powers conferred by or under any enactment.

    (xi) to an officer of Government of India or the Government of any State or Union Territory of India, where such disclosure is on the basis of the decision of the Empowered committee.

    (3) Notwithstanding anything contained in sub-section (1), the Commissioner of State Tax may display the details of tax paid and the tax defaulted by the dealers on the official website of the Department.