Notice u/s 133(6) to produce books of accounts of assesse --- Is It Valid?
1 Replies
CA Pankaj Kr Agrawal
(@Helping Hand)
(2143 Points)
Replied 29 January 2015
Hi,
Extract of Section 133(6)
133. The [Assessing] Officer, the [Deputy Commissioner (Appeals),] [the [Joint Commissioner] or the Commissioner (Appeals)] may, for the purposes of this Act,—
6) require any person, including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish statements of accounts and affairs verified in the manner specified by the [Assessing] Officer, the [Deputy Commissioner (Appeals)] [, the [Joint Commissioner] or the Commissioner (Appeals)], giving information in relation to such points or matters as, in the opinion of the [Assessing] Officer, the [Deputy Commissioner (Appeals)] [, the [Joint Commissioner] or the Commissioner (Appeals)], will be useful for, or relevant to, any [enquiry or] proceeding
Analysis
Power to call information by issue of Summons u/s 133(6) AO may require any person (including a banking company or its any officer) ,
(i) To furnish information in relation to such points or matters,
or
(ii) To furnish such statements of accounts in the manner specified by the Assessing Officer.
Conclusion
Department cannot issue notice u/s 133(6) for produce books of accounts.
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