36.Power
regarding discovery, production of evidence, etc.
(1) The
Assessing Officer, the Deputy Commissioner (Appeals), the Commissioner
(Appeals), the Chief Commissioner or Commissioner and the Appellate Tribunal
shall, for the purposes of this Act, have the same powers as are vested in a
court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit
in respect of the following matters, namely :---
(a) discovery
and inspection;
(b) enforcing
the attendance of any person, including any officer of a banking company and
examining him on oath;
(c)
compelling the production of books of account and other documents; and
(d) issuing
commissions.
(1A) If the
Director General or Director or Deputy Director or Assistant Director has
reason to suspect that any gifts chargeable to tax under this Act have been
concealed, or are likely to be concealed, by any person or class of persons
within his jurisdiction, then, for the purposes of making any inquiry or
investigation relating thereto, it shall be competent for him to exercise the
powers conferred under sub-section (1) on the gift-tax authorities referred to
in that sub-section, notwithstanding that no proceedings with respect to such
person or class of persons are pending before him or any other gift-tax
authority.
(2)