Power
to requisition books of account, etc.
37B. 49(1) Where the 50[Director General or
Director] or the 51[Chief Commissioner or Commissioner], in consequence of information in
his possession, has reason to believe that—
(a) any person to whom a notice under
sub-section (4) of section 16 or a summons under section 37 was issued to
produce, or cause to be produced, any
books of account or other documents has omitted or failed to produce, or cause
to be produced, such books of account or other documents as required by such
notice or summons and the said books of account or other documents have been
taken into custody by any officer or authority under any other law for the time
being in force, or
(b) any books of account or other documents will be useful for,
or relevant to, any proceeding under this Act and any person to whom a notice
or summons as aforesaid has been or might be issued will not, or would not,
produce or cause to be produced such books of account or other documents on the
return of such books of account or other documents by any officer or authority
by whom or which such books of account or other documents have been taken into
custody under any other law for the time being in force, or
(c) 52[any assets]
disproportionate to the known assets of any person, particulars of which will
be useful for, or relevant to, any proceeding under this Act, have been taken into
custody by any officer or authority under any other law for the time being in
force, from the possession of such person,
then, the 53[Director-General or Director] or the 54[Chief Commissioner or
Commissioner] may authorise any 55[Joint Director], 56[Joint Commissioner], 57[Assistant Director 58[or Deputy Director]] or 59[Assistant Commissioner 58[or Deputy Commissioner ] or
Income-tax Officer] (hereafter in this section referred to as the
requisitioning officer) to require such officer or authority 60[to deliver such books of
account, other documents, or assets to the requisitioning officer].
(2) On a requisition being made under sub-section
(1), 61[the officer or authority referred
to in clause (a) or clause (b) or clause (c), as the case
may be, of that sub-section shall deliver the books of account, other
documents, or assets to the requisitioning officer either forthwith or when such
officer or authority is of the opinion that it is no longer necessary to retain
the same in his or its custody.]
62[(3) Where any books of account, other documents, or
assets have been delivered to the requisitioning officer, the provisions of
sub-sections (5) to (12) (both inclusive) of section 37A and section 37C shall,
so far as may be, apply as if such books of account, other documents, or assets
had been seized under sub-section (1) of section 37A by the requisitioning
officer from the custody of the person referred to in clause (a) or
clause (b) or clause (c) of sub-section (1) of this section and
as if for the words “the authorised officer”occurring in sub-sections (5) to
(12) aforesaid, the words “the requisitioning officer” were substituted.]