TaxTMI 
TaxTMI 
Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2025
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....petition Act, 2002 (12 of 2003); (b) "Commission" means the Competition Commission of India established under sub-section (1) of section 7 of the Act; (c) "demand notice" means a notice issued by the Commission to an enterprise or a person from whom any penalty is recoverable under the Act; (d) "enterprise" means enterprise as defined in clause (h) of section 2 of the Act; (e) "enterprise in default" means an enterprise which has not paid the penalty imposed on it within the stipulated time despite the demand notice duly served upon; (f) "Income-tax authority" means an authority as defined in section 116 of the Income-tax Act, 1961 (43 of 1961); (g) "legal heir" means a legal representative as defined in sub-section (11) to section 2 of the Code of Civil Procedure, 1908; (h) "penalty" means a monetary penalty or fine or any other sum imposed by the Commission and realisable under the Act; (i) "penalty recovery register" means the register as set out in Form IV appended to these regulations containing all the details of the penalties imposed by the Commission; (j) "per....
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.... (4) One copy of the challan shall be submitted by the enterprise or the person, as the case may be, to the recovery officer immediately but not later than 07 (seven) days of the payment and the recovery officer shall make an entry in the penalty recovery register to the same effect. (5) The Commission may, at any time, rectify any clerical or arithmetical mistake made in the demand notice. 4. Extension of time and grant of instalments. (1) On an application made by the enterprise or the person concerned, before the expiry of the due date of the payment specified in the demand notice, the Commission may extend the time for payment or allow payment by instalments, subject to such conditions as the Commission may think fit to impose in the circumstances of the case. (2) In a case where an extension has been granted and the enterprise or the person concerned fails to make the payment within the time so extended, the enterprise or the person concerned shall be deemed to be an enterprise in default or a person in default, as the case may be. (3) In a case where payment by instalments has been allowed and the enter....
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....ecovery officer, as set out in Form III appended to these regulations, mentioning the amount of penalty and interest thereon along with modes of recovery therein, giving 15 (fifteen) days' time to deposit the penalty. (3) The Commission may, at any time, rectify any clerical or arithmetical mistake made in the recovery certificate issued or extend the time for making any payment in pursuance of such recovery certificate. 7. Functions of Recovery Officer. (1) The Commission may, from time to time, authorise any of its officers to function as the recovery officer for the purposes of these regulations, to recover the penalties in the manner specified under these regulations. (2) The recovery officer shall ensure that the demand notice is duly served on the enterprise or the person concerned, as the case may be. In the case of non-service of the demand notice, the recovery officer shall immediately inform the Secretary. (3) When the payment of penalty is made by the enterprise or the person concerned, the recovery officer shall bring it to the notice of the Secretary. In the case of default by the enterprise....
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....the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal; (c) a recovery certificate may be issued to the legal heirs of the person in default in case the person in default is deceased and for the purposes of this regulation, the shares of all legal heirs for such amount shall be presumed, until the 'contrary is proved', to be equal; Provided that the liability of a legal heir under this regulation shall be limited to the extent to which the estate of the deceased bestowed upon such legal heir, is capable of meeting the liability. (d) every enterprise or person to whom a recovery certificate is issued shall be bound to comply with such certificate, and, in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy, or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary; (e) any claim respecting any property, in relation to which....
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....e or transfer shall not be void if it is made,- (i) for adequate consideration and without notice of the pendency of such proceeding; or (ii) with the previous permission of the Commission. 10. Other modes of Recovery. Where an enterprise in default or a person in default fails to pay the penalty within the stipulated time as mentioned in the recovery certificate, the recovery officer may also simultaneously proceed to recover the amount of penalty through the modes mentioned below, in accordance with the rules laid down in the Second Schedule of Income-tax Act, 1961 (43 of 1961), namely:- (a) by attachment and sale of movable property of the enterprise or the person concerned; and (b) by attachment and sale of immovable property of the enterprise or the person concerned. 11. Reference by the Commission to the Income-tax authority. (1) Where the Commission is of the opinion, for reasons to be recorded in writing, that it would be expedient to recover the penalty imposed under the Act in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961), it shall make reference under sub-sectio....
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....ay determine the procedure for specific matters, if so required. 16. Removal of difficulties. In the matter of implementation of these regulations, if any doubt or difficulty arises, the decision of the Commission thereon shall be binding. 17. Repeal and Savings. (1) The Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2011, stand repealed from the date on which these regulations come into force. (2) Notwithstanding such repeal, - (a) anything done or any action taken or purported to have been done or taken, or any notice or certificate issued or proceedings commenced, under the repealed regulations, prior to such repeal, shall be deemed to have been done or taken under the corresponding provisions of these regulations; (b) the operation of the repealed regulations or anything duly done or suffered thereunder, any right, privilege, obligation or liability acquired, accrued or incurred thereunder, or any legal proceeding or remedy ensued thereunder, shall remain unaffected as if the repealed regulations have never been repealed; (c) after the repe....
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.... Designation: Secretary Competition Commission of India Seal FORM II [See regulation 3(4)] Challan to be filled in quadruplicate for Bank/ PAO/ CCI/ Depositor (OBVERSE) G.A.R.-7 [See Rule 26(1) of Central Government Account (Receipts and Payments) Rules, 1983] Please indicate Whether Civil Defence Railway Post and Telegraph Competition Commission of India Case No. ___________ Penalty(ies) imposed under section __ of the Competition Act, 2002 Challan of Money paid into Treasury/Sub-Treasury or State/Reserve Bank of India at ________________________________ To be filled by the remitter To be filled by the departmental Officer or the Treasury By whom Tendered Name (or designation and address of the enterprise/ person on whose behalf money is paid) Full particulars of the remittance and/ or authority (if any) Amount ....
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....ved upon you on __________________ within ____ days as specified therein. Upon your failure to make payments within the aforesaid time, you are hereby deemed to be an enterprise/person in default; Now, therefore, if you fail to pay the penalty amount within a period of 15 days of receipt of this Recovery Certificate, the Commission shall proceed to recover the amount due by adopting all or any of the modes specified under regulation 9 of the Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2025 (the Regulations) including the following measures specified under regulation 10 of the Regulations, namely:- (a) Attachment and sale of any movable property of the enterprise or the person concerned; and/ or (b) Attachment and sale of any immovable property of the enterprise or the person concerned. Place:......................... Signature:........................... Date:......................... Name: .............................. Designation: ........................ (Recovery Officer....