38. Information, returns and statements .- [Where, for the purposes of this Act], it appears necessary for [any wealth-tax authority] [ Substituted by Act 4 of 1988, Section 157, for " Wealth-tax Officer" (w.e.f. 1.4.1989).] to obtain any statement or information from any individual, company [(including a banking company)] [ Inserted by Act 4 of 1988, Section 157 (w.e.f. 1.4.1989).], firm, Hindu undivided family or other person, [such wealth-tax authority] [ Substituted by Act 4 of 1988, Section 157, for " Wealth-tax Officer" (w.e.f. 1.4.1989).] may serve a notice requiring such individual, company, firm, Hindu undivided family or other person, on or before a date to be therein specified, to furnish such statement or information on the points specified in the notice, and the individual or the principal officer concerned or the manager of the Hindu undivided family; as the case may be, shall, notwithstanding anything in any law to the contrary, be bound to furnish such statement or information to [such wealth-tax authority] [ Substituted by Act 4 of 1988, Section 157, for " Wealth-tax Officer" (w.e.f. 1.4.1989).]:
Provided that no legal practitioner shall be bound to furnish any statement or information under this section based on any professional communications made to him otherwise than as permitted by section 126 of the Indian Evidence Act, 1872 (1 of 1872).[38-A. Powers of Valuation Officer, etc.-(1) For the purposes of this Act, a Valuation Officer or any overseer, surveyor or assessor authorised by him in this behalf may, subject to any rules made in this behalf and at such reasonable times as may be prescribed;(a)enter any land within the limits of the area assigned to the Valuation Officer, or(b)enter any land, building or other place belonging to or occupied by any person in connection with whose assessment a reference has been made under section 16-A to the Valuation Officer, or(c)inspect any asset in respect of which a reference under section 16-A has been made to the Valuation Officer, and require any person in charge of, or in occupation or possession of, such land, building or other place or asset to afford him the necessary facility to surveyor inspect such land, building or other place or asset or estimate its value or inspect any books of account, document or record which may be relevent for the valuation of such land, building or other place or asset and gather other particulars relating to such land, building or other place or asset:Provided that no Valuation Officer, overseer, surveyor or assessor shall enter any building or place referred to in clause (b) or inspect any asset referred to in clause (c) (unless with the consent of the person in charge of, or in occupation or possession of, such building, place or asset) without previously giving to such person at least two days' notice in writing of his intention to do so.(2)If a person who, under sub-section (1), is required to afford any facility to the Valuation Officer or the overseer, surveyor or assessor, either refuses or evades to afford such facility, the Valuation Officer shall have all the powers under sub-sections (1) and (2) of section 37 for enforcing compliance of the requirements made.]
