14. Furnishing of information, inspection of books,
accounts etc. :-
(1) The Commissioners may, by
notice in Form XX require any dealer to produce before him any accounts or
documents or to furnish any information relating to stock of goods, sales and
any other information concerning his activity of execution of works contract,
as may be necessary for the purposes of the Act.
(2) All accounts, registers and
documents relating to the stock of goods, of purchases and sale kept in any
place of business, or warehouse of any dealer shall at all reasonable time be
open to inspection by the Commissioner, and the Commissioner may take or cause
to be taken such copies or extracts therefrom as appear to him necessary for
the purpose of the Act.
(3) If the Commissioner has reason
to believe that any dealer has evaded or is attempting to evade the payment of
tax due from him under the Act, he may for reasons to be recorded in writing,
seize such accounts, registers, agreements or documents of the dealer as may be
necessary and shall grant a receipt for the same and shall retain the same for
so long, as may be necessary, in connection with any proceeding under this Act
or for a prosecution :
Provided that, where an officer
below the rank of Deputy Commissioner seizes any books, registers, or
documents, by virtue of the powers of the Commissioner under section 49 of the
Bombay Sales Tax Act, read with section 9 of the Act delegated to him, he shall
not retain them, or cause them to be retained, for a period exceeding six
months unless an officer not below the rank of Deputy Commissioner having
jurisdiction over the local area in which the place of business of the dealer
is situated, has for reasons to be recovered in writing, authorised the
retention of the books, registers or documents so seized for a longer period:
Provided further that, such longer
period shall not be more than six months at a time.
(4) For the purpose of sub-rule
(2) and (3), the Commissioner may visit, enter and search at all reasonable
times any place of business or warehouse or location of works contract of any
dealer or any other place where the Commissioner has reason to believe that the
dealer keeps or is for the time being keeping any accounts, registers,
agreements or documents of his activity of execution of works contract or steck of goods relating to this activity.
(5) Where any books of accounts,
documents, money or goods are found in the possession or control of any person
in the course of search, it shall be presumed unless the contrary is proved,
that such books of accounts, documents, money or goods belong to such person.