Section 158 of the CGST Act, 2017

From the IndiaAuditLens Law Library

GST›CGST Act, 2017›Chapter XXI, Miscellaneous

At a glance

Entitlement and conditions

  • 158(3)(a)–(d)Exceptions cover prosecution under the specified or other laws, Government or implementing-person disclosures for the Act’s purposes, lawful notice service or recovery, and relevant civil proceedings involving Government or an authority.
  • 158(3)(e)–(i)Exceptions cover tax-receipt or refund audits, authorised officer-conduct inquiries, levy or realisation of other taxes or duties, lawful statutory powers, and professional-misconduct inquiries to the empowered disciplinary authority.
  • 158(3)(j)–(l)System agencies must be contractually restricted to the specified data or system purposes. Necessary disclosures to Government officers for other laws and class-level publication considered publicly desirable by the Commissioner are also excepted.

Bars, duties and time limits

  • 158(1)–(2)Statements, returns, accounts, documents and proceeding particulars, excluding evidence proceedings before criminal courts, cannot be disclosed except under sub-section (3). Courts cannot compel officers to produce or testify about them notwithstanding the Evidence Act, subject to those exceptions.

Procedure, powers and definitions

  • 158The law does not settle who is bound by the passive disclosure prohibition in sub-section (1).

Tax particulars supplied or generated in statutory proceedings are protected from disclosure, with specified exceptions. Courts cannot compel officers to produce or testify about them despite the Evidence Act, except through those exceptions. Permitted purposes include prosecution, administration, recovery, audits and other lawful functions. Contracted system agencies face use restrictions, while class-level publication requires the Commissioner’s public-interest opinion.[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 158, verbatim (show)

* Section 158. Disclosure of information by a public servant.-

(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 the course of any proceedings under this Act (other than proceedings before a criminal court), or in any record of any proceedings under this Act shall, save as provided in sub-section (3), not be disclosed.

(2) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), no court shall, save as otherwise provided in sub-section (3), require any officer appointed or authorised under this Act to produce before it or to give evidence before it in respect of particulars referred to in sub-section (1).

(3) Nothing contained in this section shall apply to the disclosure of,-

(a) any particulars in respect of any statement, return, accounts, documents, evidence, affidavit or deposition, for the purpose of any prosecution under the Indian Penal Code or the Prevention of Corruption Act, 1988 (49 of 1988), or any other law for the time being in force; or (b) any particulars to the Central Government or the State Government or to any person acting in the implementation of this Act, for the purposes of carrying out the objects of this Act; or (c) any particulars when such disclosure is occasioned by the lawful exercise under this Act of any process for the service of any notice or recovery of any demand; or (d) any particulars to a civil court in any suit or proceedings, to which the Government or any authority under this Act is a party, which relates to any matter arising out of any proceedings under this Act or under any other law for the time being in force authorising any such authority to exercise any powers thereunder; or (e) any particulars to any officer appointed for the purpose of audit of tax receipts or refunds of the tax imposed by this Act; or (f) any particulars where such particulars are relevant for the purposes of any inquiry into the conduct of any officer appointed or authorised under this Act, to any person or persons appointed as an inquiry officer under any law for the time being in force; or (g) any such particulars to an officer of the Central Government or of any State Government, as may be necessary for the purpose of enabling that Government to levy or realise any tax or duty; or (h) any particulars when such disclosure is occasioned by the lawful exercise by a public servant or any other statutory authority, of his or its powers under any law for the time being in force; or (i) any particulars relevant to any inquiry into a charge of misconduct in connection with any proceedings under this Act against a practising advocate, a tax practitioner, a practising cost accountant, a practising chartered accountant, a practising company secretary to the authority empowered to take disciplinary action against the members practising the profession of a legal practitioner, a cost accountant, a chartered accountant or a company secretary, as the case may be; or (j) any particulars to any agency appointed for the purposes of data entry on any automated system or for the purpose of operating, upgrading or maintaining any automated system where such agency is contractually bound not to use or disclose such particulars except for the aforesaid purposes; or (k) any particulars to an officer of the Government as may be necessary for the purposes of any other law for the time being in force; or (l) any information relating to any class of taxable persons or class of transactions for publication, 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.

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 file1 question
Ticks stay in this browser only.

The particulars sub-section (1) protects and the bar on disclosing them 158(1)

Questions to answer on the file6 questions
Ticks stay in this browser only.

The bar on a court requiring production or evidence 158(2)

Questions to answer on the file4 questions
Ticks stay in this browser only.

The disclosures to which this section does not apply 158(3), clauses (a) to (l)

Questions to answer on the file10 questions
Ticks stay in this browser only.

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 158 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
Enforced the section—1st July, 2017
Provisions connected to Section 158
ProvisionConnectionWords that tie them
Section 70158(1) requires Section 70158(1) "any statement made, return furnished or accounts or documents produced in accordance with this Act"
Section 35158(1) requires Section 35158(1) "accounts or documents produced in accordance with this Act"

Circulars and notifications

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

Unsettled questions

The words of section 158 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Sub-section (1) is passive. It says that the particulars "shall, save as provided in sub-section (3), not be disclosed" and names nobody as the person bound. The section's own title speaks of "Disclosure of information by a public servant", and clause (3)(h) contemplates a disclosure "by a public servant or any other statutory authority", but neither is in the operative words of sub-section (1).

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 158. Disclosure of information by a public servant". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.

External links