Section 138:
Disclosure of information respecting assessees.
1,2
(1)(a) The Board or any other income-tax
authority specified by it by a general or special order in this behalf may furnish or cause to be furnished
to—
(i) any officer, authority or body performing any functions under any law relating to the
imposition of any tax, duty or cess, or to dealings in foreign exchange as defined in 3
clause (n) of
section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999); or
(ii) such officer, authority or body performing functions under any other law as the Central
Government may, if in its opinion it is necessary so to do in the public interest, specify by notification
in the Official Gazette in this behalf,
any such information 4
received or obtained by any income-tax authority in the performance of his
functions under this Act, as may, in the opinion of the Board or other income-tax authority, be necessary
for the purpose of enabling the officer, authority or body to perform his or its functions under that law.
(b) Where a person makes an application to the 56
PrincipalChief Commissioner or Chief
Commissioner or 7
PrincipalCommissioner or Commissioner in the prescribed form for any
information relating to any assessee8
received or obtained by any income-tax authority in the performance
of his functions under this Act, the 56
Principal Chief Commissioner or Chief Commissioner or
7
Principal Commissioner or Commissioner may, if he is satisfied that it is in the public interest so to do,
furnish or cause to be furnished the information asked for 9
*** and his decision in this behalf shall be
final and shall not be called in question in any court of law.
(2) Notwithstanding anything contained in sub-section (1) or any other law for the time being in
force, the Central Government may, having regard to the practices and usages customary or any other
relevant factors, by order notified in the Official Gazette, direct that no information or document shall be
furnished or produced by a public servant in respect of such matters relating to such class of assessees or
except to such authorities as may be specified in the order.
Notes:
1. Subs. by Act 5 of 1964, s. 33, for section 138 (w.e.f. 1-4-1964).
2. Subs. by Act 20 of 1967, s. 28, for sub-section (1) (w.e.f. 1-4-1967).
3. Subs. by Act 17 of 2013, s. 35, for “section 2 (d) of the Foreign Exchange Regulation Act, 1947 (7 of 1947)” (w.e.f. 1-4-
2013).
4. Subs. by Act 4 of 1988, s. 41, for “relating to any assessee in respect of any assessment made under this Act or under the
Indian Income-tax Act, 1922 (11 of 1922)” (w.e.f. 1-4-1989).
5. Subs. by s. 2, ibid., for “Commissioner” (w.e.f. 1-4-1988).
6. Subs. by Act 25 of 2014, s. 4, for “Chief Commissioner” (w.r.e.f. 1-6-2013).
7. Subs. by s. 4, ibid., for “Commissioner” (w.r.e.f. 1-6-2013).
8. Subs. by Act 4 of 1988, s. 41, for “in respect of any assessment made under this Act or the Indian Income-tax
Act, 1922 (11 of 1922), on or after the 1st day of April, 1960” (w.e.f. 1-4-1989).
9. The words “in respect of that assessment only” omitted by s. 41, ibid. (w.e.f. 1-4-1989)