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TMI Blog1973 (4) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... r to this notice which was as follows: "Sir, Sub. Your assessment for 1961-62 assessment year. In connection with the above assessment you are hereby required under section 131 of the Income-tax Act, 1961, to produce your books of accounts for financial years ending on 31st March, 1949, 31st March, 1950, 31st March, 1951, and 31st March, 1952, respectively on 22nd February, 1966. A notice under section 131 is enclosed herewith. Yours faithfully, (Sd.) D. P. Guha, Income-tax Officer, Central Circle XV, Calcutta." Before we deal with the rival contentions of the parties let us set out the relevant provisions of the Income-tax Act, 1961. These provisions are as follows: "131. Power regarding discovery, production of evidence, etc.-(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee or the production of evidence that the return is correct and complete, he shall serve on the assessee a notice requiring him, on a date to be therein specified, either to attend at the Income-tax Officer's office or to produce, or to cause to be there produced, any evidence on which the assessee may rely in support of the return. (3) On the day specified in the notice issued under sub-section (2), or as soon afterwards as may be, the Income-tax Officer, after hearing such evidence as the assessee may produce and such other evidence as the Income-tax Officer may require on specified points, and after taking into account all relevant material which the Income-tax Officer has gathered, shall, by an order in writing, assess the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill call upon the assessee to produce. Sub-section (2) of section 143 deals with or relates to that kind of evidence which the assessee may choose to rely upon in support of the return which the assessee has filed. But the matter does not end there. Under sub-section (3) of section 143, the Income-tax Officer is entitled to call upon the assessee to produce such other evidence as he may require on specified points in addition to what the assessee himself has produced in compliance with it notice served upon him under section 143(2) in support of his return. In order to exercise this power the Income-tax Officer, it seems to us, can rely on the provisions of section 131 because he is exercising the power for the purposes of the Income-tax Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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