Clause 138 - Powers regarding discovery, production of evidence, etc. - Direct Taxes Code Bill, 2009

Powers regarding discovery, production of evidence, etc. 138. (1) The prescribed income-tax authorities shall, in the course of any proceeding under, or for making any enquiry or investigation for the purposes of, this Code, have the same powers as are vested in a court under the Code of Civil Procedure, 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 a banking company and examining him on oath; (c) compelling the production of books of account and other documents; and (d) issuing commissions. (2) Any income-tax authority prescribed for the purposes of sub-section (1) may, subject to the rules made in this behalf, impound any books of account and other documents produced before it and retain them in its custody for such period as he thinks fit. (3) The income-tax authority below the rank of Joint Commissioner shall not - (a) impound any books of account or other documents without recording his reasons for so doing; or (b) retain in his custody any such books or documents for a period exceeding fifteen days (exclusive of holidays) without obtaining the approval of the Chief Commissioner or Commissioner.