India - Income Tax Act 2010 - Saarc

1.617 CH. XIII - INCOME-TAX AUTHORITIES - POWERS S. 131Commissioner competent to perform any function or functions.130. 35 [Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.]Income-tax Officer competent to perform any function or functions.130A. 36 [Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.Original section was inserted by the Finance (No. 2) Act, 1967, w.e.f.1-4-1967.]C.—PowersPower regarding discovery, production of evidence, etc.37131. (1) The 38 [Assessing] Officer, 39 [Deputy Commissioner (Appeals)], 40 [JointCommissioner] 41 [, Commissioner (Appeals)] 42 [, Chief Commissioner orCommissioner and the Dispute Resolution Panel referred to in clause (a) of subsection(15) of section 144C] shall, for the purposes of this Act, have thesame powers as are vested in a court under the Code of Civil Procedure, 1908(5 of 1908), when trying a suit in respect of the following matters, namely :—(a) discovery and inspection;(b) enforcing the attendance of any person, including any officer of abanking company and examining him on oath;(c) compelling the production of books of account and other documents;and(d) issuing commissions.43[(1A) 44 [If the Director General or Director or 45 [Joint] Director or AssistantDirector 46 [or Deputy Director], or the authorised officer referred to in subsection(1) of section 132 before he takes action under clauses (i) to (v) of that subsection47 ,] has reason to suspect that any income has been concealed, or is likely35. Prior to its omission, section 130 was substituted by the Finance Act, 1970, w.e.f. 1-4-1970and amended by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.36. Prior to its omission, section 130A was amended by the Taxation Laws (Amendment) Act,1975, w.e.f. 1-10-1975.37. See also Circular No. 8-D (LXXVI-22), dated 13-5-1958. For details, see Taxmann’s MasterGuide to Income-tax Act.For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.38. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.39. Substituted for “Appellate Assistant Commissioner”, ibid.40. Substituted for “Deputy Commissioner” by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.Earlier “Deputy Commissioner” was substituted for “Inspecting Assistant Commissioner”by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.41. Inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978.42. Substituted for “and Chief Commissioner or Commissioner” by the Finance (No. 2) Act,2009, w.e.f. 1-10-2009. Earlier “Chief Commissioner or Commissioner” was substituted for“Commissioner” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.43. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.44. Substituted for “If the Assistant Director of Inspection” by the Finance Act, 1988, w.e.f.1-6-1988.45. Substituted for “Deputy” by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.46. Inserted, ibid.47. For the meaning of the expression “referred to. . . sub-section”, see Taxmann’s DirectTaxes Manual, Vol. 3.