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Wealth-tax Act,1957

Act No : 27


Section : Power to requisition books of account, etc.

37B. Power to requisition books of account, etc. (1) Where the Director of Inspection or the Commissioner, in consequence of information in his possession, has reason to believe that-- (a) any person to whom a notice under sub-section (4) of section 16 or a summons under section 37 was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause to be produced, such books of account or other documents as required by such notice or summons and the said books of account or other documents have been taken into custody by any officer or authority under any other law for the time being in force, or (b) any books of account or other documents will be useful for, or relevant to, any proceeding under this Act and any person to whom a notice or summons as aforesaid has been or might be issued will not, or would not, produce or cause to be produced such books of account or other documents on the return of such books of account or other documents by any officer or authority by whom or which such books of account or other documents have been taken into custody under any other law for the time being in force, or (c) any articles or things including money disproportionate to the known assets of any person, particulars of which will be useful for, or relevant to, any proceeding under this Act, have been taken into custody by any officer or authority, under any other law for the time being in force, from the possession of such person, then, the Director of Inspection or the Commissioner may authorise any Deputy Director of Inspection, Inspecting Assistant Commissioner. Assistant Director of Inspection or Wealth-tax Officer (hereafter in this section referred to as the requisitioning officer) to require such officer or authority,-- (i) in a case falling under clause (a) or clause (b), to deliver such books of account or other documents to the requisitioning officer; (ii) in a case falling under clause (c), to furnish a note or an inventory of such articles or things including money to the requisitioning officer. (2) On a requisition being made under sub-section (1),-- (i) in a case falling under clause (a) or clause (b) of that sub-section, the officer or authority referred to therein shall deliver the books of account or other documents to the requisitioning officer either forthwith or when such officer or authority is of the opinion that it is no longer necessary to retain the same in his or its custody; (ii) in a case falling under clause (c), the officer or authority referred to therein shall furnish the note or inventory to the requisitioning officer within a reasonable period. (3) Where any books of account or other documents have been delivered to the requisitioning officer, the provisions of sub- sections (5) to (12) (both inclusive) of section 37A shall, so far as may be, apply as if such books of account or other documents had been seized under sub-section (1) of that section by the requisitioning officer from the custody of the person referred to in clause (a) or clause (b), as the case may be, of sub-section (1) of this section and as if for the words "the authorised officer" occurring in any of the aforesaid sub-sections, the words "the requisitioning officer" were substituted."] ---------------------------------------------------------------------- 1 Ins. by Act 46 of 1964, s. 36 (w.e.f. 1-4-1965). 2 Subs. by Act 45 of 1972, s. 17 (w.e.f. 1-1-1973). 3 Subs. by Act 4 of 1975, s. 102 (w.e.f. 1-10-75). 808P