Section 37B - Power to requisition books of account, etc. - Wealth Tax Act, 1957

Power to requisition books of account, etc. 37B. 1 (1) Where the 2 [Director General or Director] or the 3 [Chief Commissioner or 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 ) 4 [any assets] 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 5 [Director-General or Director] or the 6 [Chief Commissioner or Commissioner] may authorise any 7 [Joint Director], 8 [Joint Commissioner], 9 [Assistant Director 10 [or Deputy Director]] or 11 [Assistant Commissioner 12 [or Deputy Commissioner] or Income-tax Officer] (hereafter in this section referred to as the requisitioning officer) to require such officer or authority 13 [to deliver such books of account, other documents, or assets to the requisitioning officer]. (2) On a requisition being made under sub-section (1), 14 [the officer or authority referred to in clause ( a ) or clause ( b ) or clause ( c ), as the case may be, of that sub-section shall deliver the books of account, other documents, or assets 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.] 15 [(3) Where any books of account, other documents, or assets have been delivered to the requisitioning officer, the provisions of sub-sections (5) to (12) (both inclusive) of section 37A and section 37C shall, so far as may be, apply as if such books of account, other documents, or assets had been seized under sub-section (1) of section 37A by the requisitioning officer from the custody of the person referred to in clause ( a ) or clause ( b ) or clause ( c ) of sub-section (1) of this section and as if for the words "the authorised officer" occurring in sub-sections (5) to (12) aforesaid, the words "the requisitioning officer" were substituted.] ----------------------- Notes:- 1. See rule 10A(1) and Form M-3. 2. Substituted vide Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1988. Before it was read as:- "Director of Inspection" 3. Substituted vide Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 4. Substituted vide Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1989. Before it was read as:- "any articles or things including money" 5. Substituted vide Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1988. Before it was read as:- "Director of Inspection" 6. Substituted vide Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1988. Before it was read as:- "Commissioner" 7. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- "Deputy Director" Earlier "Deputy Director" was substituted for "Deputy Director of Inspection" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 8. Substituted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Before it was read as:- "Deputy Commissioner" Earlier "Deputy Commissioner" was substituted for "Inspecting Assistant Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 9. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Assistant Director of Inspection" 10. Inserted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 11. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 12. Inserted vide Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 13. Substituted for clauses ( i ) and ( ii ) by the Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1989. Before substitution, clauses ( i ) and ( ii ) stood as under: "( 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 case falling under clause ( c ), to furnish a note or an inventory of such articles or things including money to the requisitioning officer." 14. Substituted for clauses ( i ) and ( ii ) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Before substitution, clauses ( i ) and ( ii ) stood as under: "( 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." 15. Substituted vide Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989: '(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.'