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Download eBook on Survey, Search & Seizure under ... - TaxGuru

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| 6 | Voice of CArequire the assessee by whom such expenditure has been incurred orany pers<strong>on</strong> who, in the opini<strong>on</strong> of the income-tax authority, is likelyto possess informati<strong>on</strong> as respects the expenditure incurred, to furnishsuch informati<strong>on</strong> as he may require as to any matter which maybe useful for, or relevant to, any proceeding <strong>under</strong> this Act and mayhave the statements of the assessee or any other pers<strong>on</strong> recorded andany statement so recorded may thereafter be used in evidence in anyproceeding <strong>under</strong> this Act.(6) If a pers<strong>on</strong> <strong>under</strong> this secti<strong>on</strong> is required to afford facility to theincome-tax authority to inspect books of account or other documentsor to check or verify any cash, stock or other valuable article or thingor to furnish any informati<strong>on</strong> or to have his statement recorded eitherrefuses or evades to do so, the income-tax authority shall have all thepowers <strong>under</strong> sub-secti<strong>on</strong> (1) of secti<strong>on</strong> 131 for enforcing compliancewith the requirement made :Provided that no acti<strong>on</strong> <strong>under</strong> sub-secti<strong>on</strong> (1) shall be taken by anAssistant Director or a Deputy Director or an Assessing Officer or a TaxRecovery Officer or an Inspector of Income-tax without obtaining theapproval of the Joint Director or the Joint Commissi<strong>on</strong>er, as the casemay be.Explanati<strong>on</strong>--In this secti<strong>on</strong>,--(a) “income-tax authority” means a Commissi<strong>on</strong>er, a JointCommissi<strong>on</strong>er, a Director, a Joint Director, an Assistant Director ora Deputy Director or an Assessing Officer, or a Tax Recovery Officer,and for the purposes of clause (i) of sub-secti<strong>on</strong> (1), clause (i) of subsecti<strong>on</strong>(3) and sub-secti<strong>on</strong> (5), includes an Inspector of Income-tax ;(b) “proceeding” means any proceeding <strong>under</strong> this Act in respect of anyyear which may be pending <strong>on</strong> the date <strong>on</strong> which the powers <strong>under</strong>this secti<strong>on</strong> are exercised or which may have been completed <strong>on</strong> orbefore such date and includes also all proceedings <strong>under</strong> this Actwhich may be commenced after such date in respect of any year.1. Note: FA 1995, w.e.f. 1-7-95.2. FA (No.2) 1998 w.e.f. 1-10-1998.3. FA 2002, w.e.f. 1-6-20024. FA 2003, w.e.f. 1-6-2003.

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