Form V - Reference to the Income-Tax Authority - CCI (Manner Of Recovery Of Monetary Penalty) Regulations, 2011

THE COMPETITION COMMISSION OF INDIA FORM V (See regulation 11) REFERENCE TO THE INCOME-TAX AUTHORITY [Under The Competition Act, 2002 (12 of 2003)] Case No. . To Tax Recovery Officer . . Subject: (Recovery of penalty as tax due under the Income-tax Act, 1961(43 of 1961) Reference under section 39(2) of the Competition Act, 2002. WHEREAS vide order dated in the matter of .(case No. ) the Competition Commission of India (the Commission) has imposed a penalty of Rs. .. (Rupees ) on ..(Name of the concerned enterprise) having its office at (address) and having PAN number under section(s) . of the Competition Act, 2002 (12 of 2003) (the Act); and WHEREAS, the Commission, in terms of section 39(2) of the Act, is empowered to make a reference to the concerned Income-tax authority, for recovery of the penalty as tax due under the Income-tax Act, 1961 (43 of 1961) (the Income-tax Act); and WHEREAS, in terms of section 39(2) of the Act, the provisions contained in sections 221 to 227, 228A, 229, 231 and 232 of the Income-tax Act and the Second Schedule to Income-tax Act and any Rules made thereunder, are to apply as if these were part of the Act; and WHEREAS the Commission, in terms of section 39(2), is of the opinion that it would be expedient to recover the penalty imposed under the Act as tax due under the Income-tax Act; You are hereby required to recover the penalty from the enterprise treating the enterprise as an assessee in default under Income-tax Act and inform the Commission about the recovery made. Place : Date : Signature : Name : Designation: Secretary Competition Commission of India Seal