Income Tax Act · 2024 Revised Edition · Part · Offences and Penalties
86D. Request for information
Official textFrom Attorney General's Chambers, unchanged
The competent authority under an arrangement may make a request to the Collector for information concerning the tax position of any person in accordance with the exchange of information provision of that arrangement.
competent authority
“competent authority”, in relation to an arrangement, means a person or an authority whom the Collector is satisfied is Income Tax authorised under that arrangement to make a request to the Collector for information under that provision;
Unless the Collector otherwise permits, the request shall set out the information mentioned in Schedule 4.
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;
Every request shall be subject to and dealt with in accordance with the terms of the arrangement.
arrangement
“arrangement” means an avoidance of double taxation convention or tax information exchange agreement having effect under section 41;
Terms defined in this Act
arrangement
Defined · s 86A“arrangement” means an avoidance of double taxation convention or tax information exchange agreement having effect under section 41;
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;
competent authority
Defined · s 86A“competent authority”, in relation to an arrangement, means a person or an authority whom the Collector is satisfied is Income Tax authorised under that arrangement to make a request to the Collector for information under that provision;
exchange of information provision
Defined · s 86A“exchange of information provision”, in relation to a double taxation convention or a tax information exchange agreement having effect under section 41, means a provision in that arrangement which provides expressly for the exchange of information concerning the tax positions of persons;
tax position
Defined · s 86A“tax position”, in relation to a person, means such person’s position as regards any tax — (a) of the country or territory with whose government the double taxation, or exchange of information, arrangement in question was made; and (b) that is covered by the exchange of information provision of that arrangement, including his position as regards — (i) past, present and future liability to pay any such tax; (ii) penalties, interests and other amounts that have been paid, or are or may be payable, by or to the person in connection with any such tax; and (iii) claims, elections, applications and notices that have been or may be made or given in connection with any such tax.