PROCEEDINGS AND POWERS

 

SECTION ‑ 46

 

[POWER TO TAKE EVIDENCE ON OATH]

 

A taxing authority and an appellate authority shall for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908

(Act 5 of 1908), when trying a suit, in respect of the following matters, namely:

 

(a)        enforcing the attendance of any person and examining him on oath or affirmation;

(b)        compelling the production of documents and impounding or detaining them;

(c)        issuing commissions for the examination of witnesses;

(d)        requiring or accepting proof of facts by affidavits;

(e)        such other powers as may be prescribed,

 

and any proceeding under this Act before a taxing authority or appellate authority shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 and for the purposes of section 199 of the Indian Penal Code, 1860 (Act 45 of 1860).

 

SECTION ‑ 47

 

[POWER TO DETERMINE AS TO WHO IS A DEALER]

 

A taxing authority shall for the purposes of this Act, have the power to determine as to who is the dealer:

 

Provided that before passing any order under this section, the person concerned shall be given a reasonable opportunity of being heard.

 

SECTION ‑ 48

 

[POWER TO CALL FOR INFORMATION FROM ANY PERSON OR COMPANY]

 

A taxing authority may, for carrying out the purposes of this Act, require any dealer or person including a banking company, insurance company, electricity supply and distribution company, courier‑service company, post office, railway, a Government corporation, or a Government agency or body regulating any trade, manufacture or commerce, or any officer thereof, to furnish any information, data or statistics which may be relevant to any proceedings or useful for tax administration under this Act.

 

SECTION ‑ 49

 

[POWER TO PURCHASE UNDERPRICED GOODS]

 

(1)        Where a taxing authority has, for the purpose of any proceeding under this Act, reasons to believe that any goods whether in stock or in transit, are under priced in a document or book of account produced before it, it may, with prior approval of the Commissioner or such officer as the Commissioner may, in writing, authorise for the purpose, make an offer to purchase such goods at the price shown in the document or book of account increased by ten per cent plus freight and other expenses, if any, incurred by the owner in relation to the goods.

(2)        If the owner of the goods accepts the offer, he shall make delivery of the goods on a date and time and at a place specified by the officer making the offer and shall be paid the offered price with other expenses within ten days of the delivery of the goods but if he rejects the offer, or after accepting the offer fails to deliver the goods on the specified date and time and at the specified place, it shall be conclusive proof that the owner has under priced the goods.

(3)        The goods purchased under sub‑section (2) shall be sold by public auction in the manner prescribed as early as possible but if the goods are of a perishable nature or subject to speedy and natural decay or are such as may, if held, lose their value or when the expenses of keeping them are likely to exceed their value, then, such goods shall be immediately sold or otherwise disposed of in the manner prescribed and the sale proceeds of the goods or the amount obtained by disposal of the goods shall be deposited in the State Government treasury.

 

SECTION ‑ 50

 

[POWER TO TRANSFER PROCEEDINGS]

 

(1)        A taxing authority not below the rank of Deputy Excise and Taxation Commissioner, or such other rank, as may be prescribed, may, in such manner and subject to such restrictions and conditions, as may be prescribed, suo motu or on an application made to him in this behalf by order in writing transfer any case or proceedings or class of proceedings from him to any other officer working under him and he may likewise transfer any such case (including a case already transferred under this section) from one such officer to another or to himself.

(2)        Where any proceedings or class of proceedings or case is transferred under sub‑section (1), the officer to whom such proceedings or class of proceedings or case is transferred, shall proceed to dispose it of as if it had been initiated by the said officer irrespective of the local limits of the jurisdiction of such officer, and such transfer shall not render necessary the re‑issue of any notice already issued before the transfer and the officer to whom the proceeding or class of proceedings or case is transferred may, in his discretion, continue it from the stage at which it was left by the officer from whom it was transferred.

 

SECTION ‑ 51

 

[DELEGATION OF POWERS]

 

(1)        Subject to such restrictions and conditions as may be prescribed, the Commissioner may, by order in writing delegate any of its powers under this Act, except those of revision, to any taxing authority.

(2)        Subject to such restrictions and conditions as may be prescribed, any taxing authority may, by order in writing, delegate any of its powers conferred on it to other taxing authority subordinate in rank to it.

 

SECTION ‑ 52

 

[ASSESSEE PERMITTED TO ATTEND THROUGH AUTHORISED AGENT]

 

(1)        Any assessee or dealer, who is entitled or required to attend before any authority in connection with any proceedings under this Act, may attend by a person authorised by him in writing in this behalf, being a relative or a whole time employee of the assessee or an advocate or a tax consultant; not being disqualified by or under sub‑section (3) or subsection (4).

(2)        In this section a "tax consultant" means ‑

(i)         any person, who before the 10th day of May, 1953, appeared before any assessing or other sales tax authorities in connection with any proceedings under the Punjab General Sales Tax Act, 1941 or the Punjab General Sales Tax Act, 1948, on behalf of any assessee otherwise than in the capacity of an employee or relative of that assessee; or

(ii)        a retired Gazetted Officer of the Haryana Excise and Taxation Department who has worked as an taxing authority or an appellate authority under the Act of 1973 or this Act, for a minimum period of five years in one or more than one of the aforesaid capacities after a period of not less than two years has passed since the date of his retirement; or

(iii)       any person who has passed any accountancy examination recognised by the Central Board of Direct Taxes or holds a degree in Commerce, Law, Economics or Banking including auditing conferred by any Indian University, incorporated by any law for the time being in force.

 

(3)        No person, who has been dismissed from Government service, shall be qualified to represent any dealer under sub‑section (1).

(4)        If any practitioner or other person who represents an assessee, is found guilty of misconduct in any proceedings before any authority under this Act by the Commissioner, the Commissioner may direct that he shall be disqualified, to represent a dealer under sub‑section (1):

Provided that no such direction shall be made in respect of any person unless he is given a reasonable opportunity of being heard.

(5)        Any person against whom any direction is made under this section may appeal to the Tribunal against such direction within sixty days of its communication to him.

 

SECTION ‑ 53

 

[RETURNS ETC. TO BE CONFIDENTIAL]

 

(1)        All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act, other than proceedings before a Criminal Court, shall, save as provided in sub‑section (3), be treated as confidential, and notwithstanding anything contained in the Indian Evidence Act, 1872 (Act 1 of 1872), no court shall save as aforesaid, be entitled to require any officer of the State Government to produce before it any such statement, return, account, document or record or any part thereof or to give evidence before it in respect thereof.

(2)        Save as provided in sub‑section (3), if any officer of the State Government discloses any of the particulars referred to in sub‑section (1), he shall be punishable with imprisonment, which may extend to six months, or with fine or with both.

(3)        Nothing in this section shall apply to the disclosure of any of the particulars referred to in sub‑ section (1), for the purpose of any investigation or prosecution under this Act or the Indian Penal Code, 1860 (Act 45 of 1860), in respect of such statement, return, accounts, documents or evidence, or for the purpose of audit or for departmental use of the officials of the Government of India or of any State Government, or for the purpose of an inquiry in relation to a business transaction by a person who is a party to such transaction.

 

SECTION ‑ 54

 

[BAR OF CERTAIN PROCEEDINGS]

 

(1)        No assessment made and no order passed under this Act or the rules made there under, by an appellate authority or a taxing authority shall be called in question in any civil court and, save as is provided in sections 33, 34, 35, 36, sub‑section (5) of section 52 and sub‑section (5) of section 56, no appeal or application shall lie against any such assessment or order.

(2)        No injunction shall be granted by any court other than the High Court of any State or the Supreme Court of India in respect of any assessment made or any proceedings initiated, or in respect of any action taken, or to be taken, in pursuance of any provisions of this Act or the rules made there under.