Income Tax Act · 2024 Revised Edition · Part · Returns
55E. Section 55B notice may be subject to confidentiality duty
Official textFrom Attorney General's Chambers, unchanged
Where the Collector issues a notice to any person under section 55B(3) and states that the notice must be kept confidential, the person
Collector
“Collector” means the Collector of Income Tax appointed under section 3 and includes for all purposes of this Act, except the powers conferred on the Collector by sections 76, 79, 80 and 83, a Deputy Collector so appointed;
(including an officer, employee or agent of the person) shall not disclose any information relating to the notice to any other person.
Subsection (1) does not apply to the disclosure of any information relating to the notice to an advocate and solicitor for the purpose of seeking legal advice on the notice, if (and only if) the person who discloses the information informs the advocate and solicitor of the
Collector’s requirement that the notice be kept confidential.
The advocate and solicitor to whom information is disclosed in accordance with subsection (2) shall be subject to subsection (1) as if he is the person to whom the notice under subsection (1) was issued.
Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $1,000 and, in default of payment, to imprisonment for a term not exceeding 6 months.
The Collector may compound the offence under subsection (4).
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A person who in good faith complies with subsection (1) shall not be treated as being in breach of any duty to disclose the information to any person, whether imposed by written law, rule of law, any contract or any rule of professional conduct; and no criminal or civil action for a breach of such duty shall lie against the first-mentioned person.
Terms defined in s 2
Collector
Defined · s 2“Collector” means the Collector of Income Tax appointed under section 3 and includes for all purposes of this Act, except the powers conferred on the Collector by sections 76, 79, 80 and 83, a Deputy Collector so appointed;
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