Home Acts & Rules Wealth-tax Act Wealth Tax Act, 1957 Chapters List Chapter VIII MISCELLANEOUS This
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Section 37 - Power to take evidence on oath, etc. - Wealth Tax Act, 1957Extract 1 [ Power to take evidence on oath, etc. 37. (1) The 2 [Assessing Officer], 3 [Valuation Officer,] 4 [Deputy Commissioner (Appeals)], 5 [Commissioner (Appeals),] 6 [Chief Commissioner or Commissioner] and the Appellate Tribunal shall, for the purposes of this Act, have the same 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 a banking company and examining him on oath; (c) compelling the production of books of account and other documents; and (d) issuing commissions. 7 [(1A) If the Director General or Director or 8 [Joint] Director or Assistant Director 9 [or Deputy Director], or the authorised officer referred to in sub-section (1) of section 37A before he takes action under clauses (i) to (vi) of that sub-section, has reason to suspect that any net wealth has been concealed, or is likely to be concealed, by any person or class of persons within his jurisdiction, then, for the purposes of making any inquiry or investigation relating thereto, it shall be competent for him to exercise the powers conferred under sub-section (1) on the wealth-tax authorities referred to in that sub-section, notwithstanding that no proceedings with respect to such person or class of persons are pending before him or any other wealth-tax authority.] (2) 10 [Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.] (3) Subject to any rules made in this behalf, any authority referred to in sub-section (1) 11 [or sub-section (1A)] may impound and retain in its custody for such period as it thinks fit any books of account or other documents produced before it in any proceeding under this Act: Provided that 12 [an Assessing Officer] 13 [or a Valuation Officer] 14 [or an Assistant Director 15 [or a Deputy Director]] 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 16 [ 17 [Chief Commissioner or Director General or Commissioner or Director therefore, as the case may be]]. (4) Any proceeding under this Act before a wealth-tax authority or the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 18 of the Indian Penal Code (45 of 1860).] --------------------- Notes:- 1. Substituted vide Wealth-tax (Amendment) Act, 1964, w.e.f. 1-4-1965. 2. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 3. Inserted vide Taxation Laws (Amendment) Act,1972, w.e.f. 1-1-1973. 4. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Appellate Assistant Commissioner" 5. Inserted vide Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 6. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 7. Inserted vide Finance Act, 1988, w.e.f. 1-6-1988. 8. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.before it was read as:- "Deputy" 9. Inserted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 10. Before omission, sub-section (2), stood as under: "(2) Without prejudice to the provisions of any other law for the time being in force, where a person to whom a summons is issued either to attend to give evidence or produce books of account or other documents at a certain place and time, intentionally omits to attend or produce the books of account or documents at the place or time, the authority empowered to issue such summons may impose upon him such fine not exceeding five hundred rupees, as it thinks fit, and the fine so levied may be recovered in the manner provided in Chapter VII of this Act." 11. Inserted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 12. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "a Wealth-tax Officer" 13. Inserted vide Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1-1973. 14. Inserted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 15. Inserted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 16. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 17. Substituted vide Finance Act, 1988, w.e.f. 1-6-1988. Before it was read as:- "Chief Commissioner or Commissioner therefor" 18. For text of sections 193, 196 and 228 of the Indian Penal Code, see Appendix .
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