FORM V - Recovery of penalty imposed under Competition act 2002 may make a reference to the concerned income-tax authority under the Income-tax Act, 1961 for the recovery of the penalty as tax due
Competition Commission Of India (Manner Of Recovery Of Monetary Penalty) Regulations, 2025
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Recovery of penalty as tax due: Commission can refer unpaid competition fines to income tax authority for collection and reporting. The Commission may refer unpaid competition penalties to the Income-tax authority under section 39(2) to be recovered as tax due, treating the defaulting enterprise or person as an assessee in default; specified Income-tax Act recovery provisions (sections 221-227, 228A, 229, 232 and the Second Schedule) and related rules apply; Form V prescribes the particulars and instructs the Tax Recovery Officer to recover the penalty and inform the Commission of recovery.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Recovery of penalty as tax due: Commission can refer unpaid competition fines to income tax authority for collection and reporting.
The Commission may refer unpaid competition penalties to the Income-tax authority under section 39(2) to be recovered as tax due, treating the defaulting enterprise or person as an assessee in default; specified Income-tax Act recovery provisions (sections 221-227, 228A, 229, 232 and the Second Schedule) and related rules apply; Form V prescribes the particulars and instructs the Tax Recovery Officer to recover the penalty and inform the Commission of recovery.
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