Income-tax Act,1961
Act No : 43
Section :
Power to call for information
133. Power to call for information The 2[Assessing] Officer, the 3[Deputy Commissioner (Appeals), 4[the 5[Deputy] Commissioner or the Commissioner (Appeals) may, for the purposes of this Act,-- (1) require any firm to furnish him with a return of the names and addresses of the partners of the firm and their respective shares; (2) require any Hindu undivided family to furnish him with a return of the names and addresses of the manager and the members of the family; (3) require any person whom he has reason to believe to be a trustee, guardian or agent to furnish him with a return of the names of persons for or of whom he is trustee, guardian or agent and of their addresses; (4) require any assessee to furnish a statement of the names and addresses of all persons to whom he has paid in any previous year rent, interest, commission, royalty or brokerage or any annuity, not being any annuity taxable under the head "Salaries" amounting to more than 6[one thousand rupees, or such higher amount as may be prescribed], together with particulars of all such payments made; (5) require any dealer, broker or agent or any person concerned in the management of a stock of commodity exchange to furnish a statement of the names and addresses of all persons to whom he or the exchange has paid any sum in connection with the transfer, whether by way of sale, exchange or otherwise, of assets, or on whose behalf or from whom he or the exchange has received any such sum, together with particulars of all such payments and receipts; (6) require any person, including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish statements of accounts and affairs verified ------------------------------------------------------------------------ 1 2 Substituted for " Income-tax" by the Direct Tax Laws (Amendment) Act 1987, w.e.f. 1-4-1988. 3 Substituted for "Appeals Assistant Commissioner", ibid. 4 Substituted for "or the Inspecting Assistant Commissioner" by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 5 Substituted for " Inspecting Assistant " by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 6 Substituted for "four hundred rupees", ibid, w.e.f. 1-4-1989. ------------------------------------------------------------------------ 1.510 in the manner specified by the 1[Assessing] Officer, the 2[Deputy Commissioner (Appeals)] 3[the 4 [Deputy] Commissioner or the Commissioner (Appeals)], giving information in relation to such points or matters as, in the opinion of the 5[Assessing] Officer, the 6[Deputy Commissioner (Appeals)] 7[ the 8[Deputy] Commissioner of the Commissioner (Appeals)] will be useful for, or relevant to, any 9[inquiry or] proceeding under this Act: 10[Provided that the powers referred to in clause (6), may also be exercised by the Director-General, the Chief Commissioner, the Director and the Commissioner:] 11[Provided further that the power in respect of an inquiry, in a case where no proceeding is pending, shall not be exercised by any income-tax-authority below the rank of Director or Commissioner without the prior approval of- the Director or, as the case may be, the Commissioner.] 12[133A. Power of survey 13 (1) Notwithstanding anything contained in any other provision of this Act, an income-tax authority may enter- (a) any place within the limits of the area assigned to him, or (b) any place occupied by any person in respect of whom he exercises jurisdiction, 14 [or] 15[(c) any place in respect of which he is authorised for the purposes of this section by such income-tax authority, who is assigned the area within which such place is situated or who exercises jurisdiction in respect of any person occupying such place,] at which a business or profession is carried on, whether such place be the principal place or not of such business or profession, and require any proprietor, employee or any other person who may at that time and place ---------------------------------------------------------------------- 1 Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 2 Substituted for "Appellate Assistant Commissioner", ibid. 3 Substituted for "or the Inspecting Assistant Commissioner" by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 4 Substituted for "Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 5 Substituted for "Income-tax", ibid. 6 Substituted for "Appellate Assistant Commissioner", ibid. 7 Substituted for "or the Inspecting Assistant Commissioner" by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 8 Substituted for "Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 9 Inserted by the Finance Act, 1995, w.e.f. 1-7-1995. 10 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 11 Inserted by the Finance Act, 1995, w.e.f. 1-7-1995. 12 Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1- 10-1975. It was originally inserted by the Finance Act, 1964, w.e.f. 1-4-1964. 14 Inserted by the Finance Act, 1995, w.e.f. 1-7-1995. 15 Inserted by the Finance Act, 1995, w.e.f. 1-7-1995. ------------------------------------------------------------------------- 1.511 be attending in any manner to, or helping in, the carrying on of such business or profession- (i) to afford him the necessary facility to inspect such books of account or other documents as he may require and which may be available at such place, (ii) to afford him the necessary facility to check or verify the cash, stock or other valuable article or thing which may be found therein, and (iii) to furnish such information as he may require as to any matter which may be useful for, or relevant to, any proceeding under this Act. Explanation.-For the purposes of this sub-section, a place where a business or profession is carried on shall also include any other place, whether any business or profession is carried on therein or not, in which the person carrying on the business or profession states that any of his books of account or other documents or any part of his cash or stock or other valuable article or thing relating to his business or profession are or is kept. (2) An income-tax authority may enter any place of business or profession referred to in sub-section (1) only during the hours at which such place is open for the conduct of business or profession and, in the case of any other place, only after sunrise and before sunset. (3) An income-tax authority acting under this section may,- (i) if he so deems necessary, place marks of identification on the books of account or other documents inspected by him and make or cause to be made extracts or copies therefrom (ii) make an inventory of any cash, stock or other valuable article or thing checked or verified by him, (iii) record the statement of any person which may be useful for, or relevant to, any proceeding under this Act. (4) An income-tax authority acting under this section shall, on no account, remove or cause to be removed from the place wherein he has entered, any books of account or other documents or any cash, stock or other valuable article or thing. (5) Where, having regard to the nature and scale of expenditure incurred by an assessee, in connection with any function, ceremony or event, the income-tax authority is of the opinion that it is necessary or expedient so to do, he may, at any time after such function, ceremony or event, require the assessee by whom such expenditure has been incurred or any person who, in the opinion of the income-tax authority, is likely to possess information as respects the expenditure incurred, to furnish such information as he may require as to any matter which may be useful for, or relevant to, any proceeding under this Act and may have the statements of the assessee or any other person recorded and any statement so recorded may thereafter be used in evidence in any proceeding under this Act. (6) If a person under this section is required to afford facility to the income-tax authority to inspect books of account or other documents or to check or verify any cash, stock or other valuable article or thing or to furnish any information or to have his statement recorded either refuses 1.512 or evades to do so, the income-tax authority shall have all the powers under 1[sub-section (1) of section 131] for enforcing compliance with the requirement made. Explanation.-In this section,- (a) "income-tax authority" means a 2[ Commissioner a Deputy Commissioner, a Director, a Deputy Director]. an 3[Assistant Director ] or 4[Assessing] Officer, and for the purposes of clause (i) of of sub-section (1), clause (i) of sub-section (3) and sub-section (5), includes an Inspector of Income-Tax, 5[if so authorised by any such authority]; (b) "proceeding" means any proceeding under this Act in respect of any year which may be pending on the date on which the powers under this section are exercised or which may have been completed on or before such date and includes also all proceedings under this Act which may be commenced after such date in respect of any year.] 6[133B. Power to collect certain information 7 (1) Notwithstanding anything contained in any other provision of this Act, an income-tax authority may, for the purpose of collecting any information which may be useful for, or relevant to the purposes of this Act, enter-- (a) any building or place within the limits of the area assigned to such authority; or (b) any building or place occupied by any person in respect of whom he exercises jurisdiction; at which a business or profession is carried on, whether such place be the principal place or not of such business or profession, and require any proprietor, employee or any other person who may at that time and place be attending in any manner to, or helping in, the carrying on of such business or profession to furnish such information as may be prescribed, ----------------------------------------------------------------------- 1 Substituted for "sub-section (1) and (2) of section 131" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 2 Substituted for "Deputy Commissioner" by the Finance Act, 1995, w.e.f. 1-7-1995. Earlier, the italicised word was substituted for " Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 3 Substituted for " Assistant Director of Inspection" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 4 Substituted for "Income-tax", ibid. 5 Substituted for "if so authorised by the Income-tax Officer, ibid, w.e.f. 1-4-1989. 6 Inserted by the Finance Act, 1986, w.e.f. 13-5-1986. ------------------------------------------------------------------------ 1.513 (2) An income-tax authority may enter any place of business or profession referred to in sub-section (1) only during the hours at which such place is open for the conduct of business or profession. (3) For the removal of doubts, it is hereby declared that an income-tax authority acting under this section shall, on no account, remove or cause to be removed from the building or place wherein he has entered, any books of account or other documents or any cash, stock or other valuable article or thing. Explanation.-In this section, "income-tax authority" means a 1[Deputy] Commissioner, an 2[Assistant Director] or an 3[Assessing] Officer, and includes an Inspector of Income-tax who has been authorised by the 4 [Assessing] Officer to exercise the powers conferred under this section in relation to the area in respect of which the 5[Assessing] Officer exercises jurisdiction or part thereof.]
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