In force · As amended up to 2026-08
3[ 36. Power regarding discovery, production of evidence, etc. — (1) The 4[Assessing Officer], the 5[Deputy Commissioner (Appeals)] 6[the Commissioner (Appeals)], the 7[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
1. Ins. by Act 46 of 1986, s. 41 (w.e.f. 10-9-1986).
2. Ins. by Act 3 of 1989, s. 92 (w.e.f. 1-4-1989).
3. Subs. by Act 53 of 1962, s. 28, for section 36 (w.e.f. 1-4-1963).
4. Subs. by Act 4 of 1988, s. 161, for "Gift-tax Officer" (w.e.f. 1-4-1988).
5. Subs. by s. 161, ibid ., for "Appellate Assistant Commissioner" (w.e.f. 1-4-1988).
6. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978).
7. Subs. by Act 4 of 1988, s. 161, for "Commissioner" (w.e.f. 1-4-1988).
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.
1[(1A) If the Director General or Director or 2[Joint Director] or 3[Assistant Director or Deputy 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.]
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Source: India Code