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Sec 133(6)

CA Krishna Chaitanya M (Chartered Accountant) (463 Points)

29 January 2015

Notice u/s 133(6) to produce books of accounts of assesse --- Is It Valid?

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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,

(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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