Section 133 of the CGST Act, 2017

From the IndiaAuditLens Law Library

GST›CGST Act, 2017›Chapter XIX, Offences and Penalties

Parts of this section are overridden by Section 158A; read it with that provision.

At a glance

Entitlement and conditions

  • 133(1)The offence covers statistics collection, compilation or computerisation personnel, central tax officers accessing section 150 information, and common-portal service personnel or agents who wilfully disclose information or returns outside duties or prosecution purposes.
  • 133Section 158A applies notwithstanding this section for its information-sharing mechanism.

Bars, duties and time limits

  • 133(1)–(2)Punishment may reach six months’ imprisonment, twenty-five thousand rupees fine or both. Prosecution needs previous Government sanction for Government servants and Commissioner sanction for others.

Procedure, powers and definitions

  • 133The law does not settle the evidence proving wilful disclosure or whether the statistics wording reaches information work under substituted section 151.

Specified information handlers and portal personnel face punishment for wilful disclosure outside their duties or permitted prosecution purposes. Government servants require previous Government sanction for prosecution; others require the Commissioner’s sanction. Section 158A expressly overrides this confidentiality provision for its sharing mechanism. The text leaves the proof of wilfulness and its statistics reference’s present reach unresolved.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 133, verbatim (show)

* Section 133. Liability of officers and certain other persons.-

(1) Where any person engaged in connection with the collection of statistics under section 151 or compilation or computerisation thereof or if any officer of central tax having access to information specified under sub-section (1) of section 150, or if any person engaged in connection with the provision of service on the common portal or the agent of common portal, wilfully discloses any information or the contents of any return furnished under this Act or rules made thereunder otherwise than in execution of his duties under the said sections or for the purposes of prosecution for an offence under this Act or under any other Act for the time being in force, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees, or with both.

(2) Any person-

(a) who is a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Government;

(b) who is not a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner. * Enforced w.e.f . 1st July, 2017.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Disclosure conditions 133(1)

Questions to answer on the file8 questions
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Court sentence upper bounds 133(1)

Questions to answer on the file4 questions
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Previous sanction 133(2)(a)–(b)

Questions to answer on the file3 questions
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Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 133 as footnoted in the CBIC text
NoteEffective from
01.07.2017
Provisions connected to Section 133
ProvisionConnectionWords that tie them
Section 151133(1) requires Section 151133(1) "collection of statistics under section 151"
Section 150133(1) requires Section 150133(1) "information specified under sub-section (1) of section 150"
Section 158A133 overridden by Section 158A158A(1) "Notwithstanding anything contained in sections 133, 152 and 158"

Circulars and notifications

No circular or notification in the CBIC repository is recorded as citing this section.

Unsettled questions

The words of section 133 do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. What establishes wilful disclosure under section 133(1)? The section supplies no evidentiary test; judicial determination is reserved.
  2. Does the statistics wording of section 133(1) reach information work under substituted section 151?

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 133. Liability of officers and certain other persons". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.

External links