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Power to take evidence on oath

For the objectives of this Act, the Assessing Officer, Asset value Officer, Deputy Commissioner (Appeals), Commissioner (Appeals), Chief Commissioner, or Commissioner, as well as the Appellate Tribunal, shall have the same powers as those granted to a court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit pertaining to the following matters, namely:-

(a) discovering and examining;

(b) requiring the presence of any anyone, including any bank officer, and questioning him about both;

(c) demand the provision of financial records and other papers; and

(d) commissions being granted.

Before acting in accordance with the provisions of that sub-section, the Director-General, Director, Joint Director, Deputy Director, or the authorised officer referred to in the aforementioned section 37A has reason to believe that any net wealth has been concealed or is likely to be concealed by any person or class of persons under his jurisdiction, then, even though no proceedings regarding such a person or class of people are currently pending before him or another wealth-tax authority, he shall be competent to exercise the powers granted under the aforementioned sub-section to the wealth-tax governments referred to in that sub-section for the objectives of creating any inquiry or investigation relating thereto.

Here are the notes on section 80g of income tax act.

Any authority referred to in the aforementioned sub-sections may seize and hold in custody the books of account or other documents presented to it in any process under this Act for as long as it sees fit, subject to any regulations adopted in this regard. The Commissioner Of police or Director-General or Commissioner or Director, as applicable, must give their approval before an Assessing Officer, Valuation Officer, Assistant Director, or Deputy Director can impounded the certain books of account or other documents without documenting the reasons for doing so or keep them in their custody for a period longer than fifteen days (excluding holidays).

Any action taken according to this Act before such a Wealth-tax authority or even the Tribunal will be regarded to constitute a judicial process for the purposes of sections 193 and 228 of the Indian Penal Code, as well as section 196. (45 of 1860).

Full information on 80g of income tax act.

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