CA FINAL
547 Points
Joined September 2009
See before this power , when A.O ask banks to hand over some information , banks denies to deliver it stating that they are governed by banking act and its regulations and they cannot deliver the previlage information of its client .
so to provide a specific power section 133(6) had been introduce to provide the power to income tax authorities to compel banks and banking instituions to furnish required information , which can be useful in any pending proceedings and inquire .
however as a control on misuse of this power it has been provided that where no proceding is pending ( i.e roving enquiry ) power can only be exercised by officer not below the rank of CIT ( i.e CIT or DIRECTOR ) , or with the prior approval of CIT.
Supreme court judgement in case Kathiroor service co-operative bank ltd also based on use of this power