Section 138 of Income Tax Act Quiz and Flashcards

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Questions and Answers

According to section 138(2), what is the Central Government empowered to do?

Direct that no information or documents shall be furnished or produced by a public servant in respect of certain matters relating to a particular class of assessees or certain authorities (correct)

Mandate that all information and documents must be shared with the public

Require public servants to disclose all information and documents relating to a particular class of assessees

Prohibit public servants from producing any documents or records in their possession

What factors does the Central Government consider when exercising the powers under section 138(2)?

No factors are considered, the Central Government has absolute discretion

Only the relevant factors

Only the customary practice and usage

Practice and usage, customary or otherwise, and any other relevant factors (correct)

What did the Central Government direct in its Notification No. 56/2016 dated 6.7.2016, under the powers of section 138(2)?

That all public servants must produce any documents or records in their possession

That no public servant shall produce any documents or records in their possession (correct)

That public servants shall only produce documents and records to certain specified authorities

That all documents and records relating to the Income Declaration Scheme, 2016 must be shared with the public

Which section of the law empowers the Central Government to issue the direction mentioned in the passage?

Section 138(2) Signup and view all the answers

What is the main purpose of the direction issued by the Central Government under section 138(2)?

To protect the confidentiality of information related to the Income Declaration Scheme, 2016 Signup and view all the answers

Under which section of the Income-tax Act, 1961 can the CBDT or any other income-tax authority furnish information received or obtained by them?

Section 138(1)(a) Signup and view all the answers

Under what circumstances can the Principal Chief Commissioner, Chief Commissioner, Principal Commissioner or Commissioner of Income-tax furnish information relating to any assessee?

If the person makes an application in the prescribed form and the authority is satisfied that it is in the public interest Signup and view all the answers

What is the decision of the Principal Chief Commissioner, Chief Commissioner, Principal Commissioner or Commissioner of Income-tax regarding the furnishing of information cannot be called into question in?

Any court of law Signup and view all the answers

Under which law can the Central Government notify the income-tax authority to furnish information received or obtained by them?

Any other law as the Central Government may notify in the Official Gazette in the public interest Signup and view all the answers

Which of the following income-tax authorities can furnish information received or obtained by them under section 138(1)(a) of the Income-tax Act, 1961?

The CBDT, any other income-tax authority specified by it by a general or special order, and the Principal Chief Commissioner or Chief Commissioner of Income-tax Signup and view all the answers

Under which law can the income-tax authority furnish information received or obtained by them, as per section 138(1)(a) of the Income-tax Act, 1961?

Any law relating to the imposition of any tax, duty or cess or to dealings in foreign exchange Signup and view all the answers

Study Notes

Central Government's Powers under Section 138(2)

The Central Government is empowered to notify the income-tax authority to furnish information received or obtained by them.
The Central Government considers certain factors when exercising its powers under section 138(2), although these factors are not specified in the text.

Notification No. 56/2016 and Direction Issued

The Central Government directed in its Notification No. 56/2016 dated 6.7.2016, under the powers of section 138(2), but the specific direction is not mentioned in the text.
The main purpose of the direction issued by the Central Government under section 138(2) is not specified in the text.

Furnishing Information by Income-tax Authorities

The CBDT or any other income-tax authority can furnish information received or obtained by them under section 138(1) of the Income-tax Act, 1961.
The Principal Chief Commissioner, Chief Commissioner, Principal Commissioner, or Commissioner of Income-tax can furnish information relating to any assessee when they consider it necessary in the interest of the assessee.
The decision of the Principal Chief Commissioner, Chief Commissioner, Principal Commissioner, or Commissioner of Income-tax regarding the furnishing of information cannot be called into question in the court.

Relevant Laws and Sections

Section 138(2) of the Income-tax Act, 1961 empowers the Central Government to issue directions to notify the income-tax authority to furnish information.
Section 138(1)(a) of the Income-tax Act, 1961 enables the CBDT or any other income-tax authority to furnish information received or obtained by them.

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Description

This quiz covers the provisions under section 138(1)(a) of the Income Tax Act, which allows the CBDT or specified income-tax authorities to furnish necessary information for various purposes. Test your knowledge on the authority's ability to share information under this section.

Income Tax Act Section 138(1)(a)

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