Section 12 in The West Bengal Luxury Tax Act, 1994
12. Production and inspection of accounts and search of premises.
(1)The prescribed authority may, subject to such conditions as may be prescribed, require any person-(a)to produce any accounts, registers or documents before it and explain them;(b)to furnish any information in relation to manufacture, import, use or sale and stock of luxuries and relating to any other matter, as may be deemed necessary for the purposes of this Act.(2)All accounts, registers and documents and luxuries kept in any place of business of a stockist shall, at all reasonable times, be open to inspection by the prescribed authority.(3)If the prescribed authority, or any person appointed under sub-section (1) of section 3 to assist it, has reasons to suspect that any stockist is attempting to evade payment of luxury tax, it or he may enter into and search any place of business and, for reasons to be recorded in writing, seize such accounts, registers or documents of the stockist as may be necessary, for determination of liability to pay luxury tax by such stockist or for assessment of such tax or for determination of interest or for any other purposes as may be required by or under this Act.(4)The prescribed authority, or any person appointed under sub-section (1) of section 3 to assist it, shall grant a receipt for any accounts, registers or documents seized by it or him and shall retain any of such accounts, registers or documents only for a period as may be necessary for examination thereof or for prosecution or for any other purpose of this Act:Provided that no accounts, registers or documents seized by the prescribed authority shall be retained for any period exceeding one year from the date of seizure unless such authority records, in writing, reasons therefor, but where seizure is made by any person appointed under sub-section (1) of section 3 to assist the prescribed authority, such person shall not retain any of the accounts, registers or documents seized by him under sub-section (3) for any period exceeding one year from the date of seizure unless he records, in writing, the reasons for further retention and obtains sanction of the prescribed authority in writing in this behalf.
