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Union of India - Section

Section 37 in The Wealth-Tax Act, 1957

37. [ Power to take evidence on oath, etc

.-(1) ][The ] [Substituted by Act 45 of 1972, Section 17, for " The Wealth-tax Officer" (w.e.f. 1.1.1973). ][Assessing Officer] [ Substituted by Act 4 of 1988, Section 127, for " Wealth-tax Officer" (w.e.f. 1.4.1988).][, Valuation Officer,] [Substituted by Act 45 of 1972, Section 17, for " The Wealth-tax Officer" (w.e.f. 1.1.1973). ][ [Joint Commissioner] [Substituted by Act 4 of 1988, Section 127, for " Appellate Assistant Commissioner" (w.e.f. 1.4.1988). ][(Appeals)] [Substituted by Act 4 of 1988, Section 127, for " Appellate Assistant Commissioner" (w.e.f. 1.4.1988). ] [, Commissioner (Appeals),] [ Inserted by Act 29 of 1977, Section 39 and Schedule V (w.e.f. 10.7.1978).][Chief Commissioner or Commissioner] [ Substituted by Act 4 of 1988, Section 127, for " Commissioner" (w.e.f. 1.4.1988).] [and the Appellate Tribunal shall, for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:-(a)discovery and inspection;(b)enforcing the attendance of any person, including any officer of a banking company and examining him on both;(c)compelling the production of books of account and other documents; and(d)issuing commissions.][(1-A) If the Director-General or Director or ] [Inserted by Act 26 of 1988, Section 64 (w..f. 1.6.1988). ][Joint Director] [ Substituted by Act 21 of 1998, Section 66, for " Deputy Director" and " Assistant Director" , respectively (w.e.f. 1.10.1998).][or ] [Inserted by Act 26 of 1988, Section 64 (w..f. 1.6.1988). ][Assistant Director or Deputy Director] [Substituted by Act 21 of 1998, Section 66, for " Deputy Director" and " Assistant Director" , respectively (w.e.f. 1.10.1998). ][, or the authorised officer referred to in sub-section (1) of section 37-A before he takes action under clauses (i) to (vi) of that sub¬section, has reason to suspect that any net wealth has been concealed, or is likely to be concealed, by any person or class of persons within his jurisdiction, then, for the purposes of making any inquiry or investigation relating thereto, it shall be competent for him to exercise the powers conferred under sub-section (1) on the wealth-tax authorities referred to in that sub-section, notwithstanding that no proceedings with respect to such person or class of persons are pending before him or any other wealth-tax authority.] [Inserted by Act 26 of 1988, Section 64 (w..f. 1.6.1988). ][* * *] [ Sub-Section (2) omitted by Act 4 of 1988, Section 153 (w.e.f. 1.4.1989).]
(3)[ Subject to any rules made in this behalf, any authority referred to in sub¬-section (1) ] [ Substituted by Act 46 of 1964, Section 35, for section 37 (w.e.f. 1.4.1965).][or sub-section (1-A)] [ Inserted by Act 4 of 1988, Section 153 (w.e.f 1.4.1989).][may impound and retain in its custody for such period as it thinks fit any books of account or other documents produced before it in any proceeding under this Act:Provided that ] [ Substituted by Act 46 of 1964, Section 35, for section 37 (w.e.f. 1.4.1965).] [[an Assessing Officer] [Substituted by Act 45 of 1972, Section 17, for " a Wealth-tax Officer" (w.e.f. 1.1.1973). ][or a Valuation Officer] [Substituted by Act 45 of 1972, Section 17, for " a Wealth-tax Officer" (w.e.f. 1.1.1973). ] [ Substituted by Act 46 of 1964, Section 35, for section 37 (w.e.f. 1.4.1965).] [or an ] [Inserted by Act 4 of 1988, Section 153 (w.e.f. 1.4.1989). ] [Assistant Director] [ Substituted by Act 21 of 1998, Section 66, for " Assistant Director" .][or Deputy Director] [Inserted by Act 4 of 1988, Section 153 (w.e.f. 1.4.1989). ] [shall not-
(a)impound any books of account or other documents without recording his reasons for so doing, or
(b)retain in his custody any such books or documents for a period exceeding fifteen days (exclusive of holidays) without obtaining the approval of ] [ Substituted by Act 46 of 1964, Section 35, for section 37 (w.e.f. 1.4.1965).][the Chief Commissioner or Director-General or Commissioner or Director therefor, as the case may be] [ Substituted by Act 26 of 1988, Section 64, for " the Chief Commissioner or Commissioner therefor" (w.e.f. 1.6.1988).].
(4)[ Any proceeding under this Act before a Wealth-tax authority or the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860).] [ Substituted by Act 46 of 1964, Section 35, for section 37 (w.e.f. 1.4.1965).]