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

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 __________________) upon ____________________ (Name of the concerned enterprise/ person) having its office/ residence at __________________________ (address) and having _______________ PAN number, under section(s) ___ of the Competition Act, 2002 (12 of 2003) (the Act); and Whereas the demand notice dated __________, issued along with the above order of the Commission, had given the enterprise/ person, a time of _____________ days from the date of receipt of the notice, to deposit the penalty; and Whereas the afore-mentioned demand notice was served upon the enterprise/ person on ______; Whereas the enterprise/ person has failed to pay the said penalty within stipulated time and therefore, deemed to be an enterprise/ a person in default; 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 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/ person treating the enterprise/ person as an assessee in default under Income-tax Act and inform the Commission about the recovery made. Place: . Signature: Date: . Name: Designation: Secretary Competition Commission of India Seal [ADVT.-III/4/Exty. 999/2024-25] INDER PAL SINGH BINDRA, Secy.