Section 152 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter XXI, Miscellaneous

At a glance

Bars, duties and time limits

  • 152(1)Information under sections 150 or 151 cannot be published so that it identifies a person without prior written consent from the concerned person or authorised representative; use in proceedings requires a hearing.

Procedure, powers and definitions

  • 152(3)The restriction does not apply to class-level information where the Commissioner considers publication desirable in the public interest.
  • 152The law does not settle whether consent and hearing belong to the person furnishing the information or the person whom it identifies.

Information furnished for the statutory information-return or information-call purposes cannot be published in an identifiable form without prior written consent. Use in proceedings requires a hearing. The Commissioner may nevertheless publish information about a class of taxable persons or transactions where desirable in the public interest. The person whose consent or hearing is required remains an unresolved question.[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 152, verbatim (show)

* Section 152. Bar on disclosure of information.-

(1) No information 1[****]with respect to any matter given for the purposes of section 150 or section 151 shall, without the previous consent in writing of the concerned person or his authorised representative, be published in such manner so as to enable such particulars to be identified as referring to a particular person and no such information shall be used for the purpose of any proceedings under this Act 2[without giving an opportunity of being heard to the person concerned]. 3[****]

(3) Nothing in this section shall apply to the publication of any information relating to a class of taxable persons or class of transactions, if in the opinion of the Commissioner, it is desirable in the public interest to publish such information. * Enforced w.e.f. 1st July, 2017.

1. Omitted (w.e.f. 1st January, 2022 vide Notification No. 39/2021-C.T., dated 21st December, 2021) by s. 120(a)(i) of The Finance Act, 2021 (No. 13 of 2021) dated 28th March, 2021 for "of any individual return or part thereof".

2. Inserted (w.e.f. 1st January, 2022 vide Notification No. 39/2021-C.T., dated 21st December, 2021) by s. 120(a)(ii) of The Finance Act, 2021 (No. 13 of 2021) dated 28th March, 2021.

3. Omitted (w.e.f. 1st January, 2022 vide Notification No. 39/2021-C.T., dated 21st December, 2021) by s. 120(a)(iii) of The Finance Act, 2021 (No. 13 of 2021) dated 28th March, 2021 for "(2) Except for the purposes of prosecution under this Act or any other Act for the time being in force, no person who is not engaged in the collection of statistics under this Act or compilation or computerisation thereof for the purposes of this Act, shall be permitted to see or have access to any information or any individual return referred to in section 151."

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.

Scope the section as a whole

Questions to answer on the file3 questions
Ticks stay in this browser only.

The bar on publishing the information so as to identify a particular person 152(1), the publication limb

Questions to answer on the file7 questions
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The bar on using the information for the purpose of proceedings under this Act 152(1), the use limb

Questions to answer on the file6 questions
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The publication to which nothing in this section applies 152(3)

Questions to answer on the file3 questions
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Amendment history

The CBIC text carries 4 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 152 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
Enforced the section—1st July, 2017
1Omitted words from sub-section (1) at the place shown as 1[]. The source preserves the words omitted, "of any individual return or part thereof"s. 120(a)(i) of The Finance Act, 2021 (No. 13 of 2021) dated 28th March, 20211st January, 2022
2Inserted the words "without giving an opportunity of being heard to the person concerned" at the end of sub-section (1)s. 120(a)(ii) of The Finance Act, 2021 (No. 13 of 2021) dated 28th March, 20211st January, 2022
3Omitted sub-section (2), shown in the text as 3[]. The source preserves the words omitted, which barred a person not engaged in the collection of statistics from seeing or having access to information or an individual return referred to in section 151s. 120(a)(iii) of The Finance Act, 2021 (No. 13 of 2021) dated 28th March, 20211st January, 2022
Provisions connected to Section 152
ProvisionConnectionWords that tie them
Section 150152(1) requires Section 150152(1) "with respect to any matter given for the purposes of section 150"
Section 151152(1) requires Section 151152(1) "given for the purposes of section 150 or section 151"

Circulars and notifications

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

Unsettled questions

The words of section 152 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Who is "the concerned person" whose previous consent in writing releases the bar on publication, and who is "the person concerned" to whom the opportunity of being heard must be given before the information is used: the person who furnished the information for the purposes of section 150 or section 151, or the person to whom the particulars refer? Section 150 obliges sixteen classes of person to furnish an information return about other people's transactions, so the two are ordinarily different people, and section 151 lets information be called for from one person about another. The sub-section names neither, and the two readings give opposite answers whenever consent is obtained from one of them alone.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 152. Bar on disclosure of information". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 4. Retrieved 17 September 2026.

External links