TMI Blog1995 (11) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... ends that in order to exercise the power under section 132A(1)(b) of the Income-tax Act, 1961, both the tests, as provided in clause (b), are to be satisfied, namely, that the documents must be useful for, or relevant to, any proceeding which, according to him, means a pending proceeding only and that the person to whom a summons has been issued or might be issued will not or would not produce or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercised even in a case in which the proceeding is yet to be commenced as is specifically provided in section 132A(1)(b) on account of Explanation 2, provided in section 132, explaining that the word "proceeding" includes also all proceedings under the said Act which may be commenced after such date in respect of any year. He refers to section 132A(3) and contends that sub-sections (4A) to (14) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Agarwal submitted that while adopting sub section (4A) to sub-section (14) by reference under section 132A(3), Explanation 2 is also adopted, inasmuch as Explanation 2 explaining proceedings in section 132 refers to the whole section and not to a particular sub-section. The word "proceeding" is present in the proviso to sub-sections (8) and (8A). Therefore, it cannot be said that the said Explan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le and the order it is apparent that nothing has been recorded in respect of any apprehension or belief that in case any summons is issued or might be issued, the documents may not be produced. The order does not speak about satis faction or formation of opinion in respect of the condition that the docu ment will not or would not be produced or cause to be produced if the summons are issued or mig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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