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TMI Blog1999 (11) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 133(6) of the Income-Tax Act 1961 [for short, the Act). The said notice states that the information is called for with the prior approval of the director of Income Tax Act. The relevant portion of the notice reads as follows: The Central Information Branch attached to the Investigation wing of the Income-Tax Department is collecting information in respect of the deposits made by any person (s) above ₹ 1.00 lakh during the final years 1997-98 and from 1-4-1999 to 31-8-1999. The information should consist of the following: a Full name and address of the depositor. b) date of deposit. c) Amount of deposit. d) Rate of Interest. e) Amount of interest paid/payable as on 31 st March of the corresponding year. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould issue notices to each of the Depositors, after taking the list of members. 4) Section 2(7A) defines the Assessing Officer . It is extracted below: Assessing Officer means the Asst Commissioner of the Income Tax Officer. Who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-Section (2)of section 120 or any other provision of this Act, and the Deputy Commissioner who is directed under clause (b) of sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an assessing Officer under this Act, 5. Section 133 deals with the power of assessing Officer and other Officer specified therein to call for inf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a person as defined under the Act. Therefore the respondent is entitled to call for information from the petitioner society. 7. The latter dated 1-10-1999 gives the reason for seeking the information. It states that the Central Information Branch attached to the investigation Wing of the Department is collecting Information in respect of the deposits made by any persons(S) above ₹ 1.00 lakh during the financial years 1997-98 and from 1-4-1999 to 31-8-1999, This is obviously to find out whether persons making such deposits have declared their income and explained their sources for such deposits, or whether there is any suppression of income. There can be not doubt or dispute that the information sought, when furnished, will be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... general information unrelated to any existing proceeding or enquiry. The said decision of the Bombay High Court dealt with Section 133(6) before its amendment with effect from 1-1-1995, adding the words enquiry . The unamended Section authorised the specified Officer to require furnishing of information relating to such paints or matters or furnish statement of accounts and affairs, which will be useful for, or relevant to, any proceeding under the Act. Thus necessarily the information sought had to be with reference to a prodding and not general information. As the section has been amended, enabling the specified Officer to require Information which will be useful for or relevant not only or any proceeding, but also for any enquiry, info ..... X X X X Extracts X X X X X X X X Extracts X X X X
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