MVAT Act 99Chapter XI · Miscellaneous

Section 99 · Returns etc. To be confidential

(1)

All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act or in any record of evidence given in this course of any proceedings under this Act. Other than the proceeding before a criminal court, shall save as provided in sub-section (3) be treated as confidential and not withstanding anything contained in the Indian Evidence Act, 1872 (I of 1872) no court shall save as foresaid be entitled to required any Government Servant to produce before it any such statement returns, accounts documents, or record or any part thereof or to give evidence before it in respect thereof.

(2)

If save as provided in sub-section (3) any Government Servant discloses any of the particulars, referred to in sub-section (1). He shall be punishable with imprisonment which may extend to six months and shall also be liable to fine.

(3)

Nothing in this Section shall apply to the disclosure of any of the particulars referred to in sub-section (1) -

(a)

For the purposes of any prosecution under the Indian Penal Code (45 of 1860), the Prevention of Corruption Act 1988 (49 of 1988) of this Act, or any preliminary inquiry for ascertaining whether such prosecution lies.

(b)

In connection with any such or proceeding in a civil court to which the State Government or any person appointed under this Act is a party and when relates to any matter arising out of any proceeding under this Act.

(c)

Where it is necessary to make such disclosure for the purposed of this Act.

(d)

To an officer of Government to levy or realize any tax or duty imposed by it.

(e)

To an officer of Government for the audit of receipt and refunds of tax, penalty or interest under this Act.

(f)

In connection with an enquiry concerning allegations of corruption or official misconduct against any Government for the audit of receipt and refund of tax. Penalty or interest under this Act.

(g)

In any inquiry of misconduct in connection with any proceeding under this Act. Against any legal practitioner, chartered accountant or other person entitled to appeal on behalf of a dealer or person before the talking authorities under this Act, to the authority competent to take disciplinary action against such legal practitioner chartered accountant or other person.

(h)

To any officer of the State Government to enable such, officer to perform his executive functions in relation to the affairs of the State.

(i)

To any person for purposes other than those referred to in clause (a) clause (b) clause (c) clause (d) clause (g) and clause (h), if the State Government considers such disclosure necessary in the public interest.

The offence at a glance

Maximum punishment: 6 months
Fine: Fine — no statutory ceiling, the court decides
Cognizable: Cognizable
Bailable: Bailable
Triable by: Any Magistrate

Cognizable — Police may arrest without a warrant
Bailable — Bail is your right — it can be granted at the police station

Under this Act's own provision

Work it out

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