38B. Obligation
to produce documents and provide information.—(1) Notwithstanding anything contained in this Act or any
other law for the time being in force, any person required to maintain the
record under the Act, on demand by an officer, not below the rank of a Deputy
Collector of Sales Tax, by notice in writing, as and when specified in the
notice, shall,–
(a) produce for examination, such documents or records which the
officer of Sales Tax considers necessary or relevant to the audit, inquiry or
investigation under the Act;
(b) allow the officer of Sales Tax to take extracts from or make
copies of such documents or records; and
(c) appear before the officer of Sales Tax and answer any
question put to him concerning the documents and records relating to the audit
or inquiry or investigation referred to in clause (a) above.
(2) An officer of
Sales Tax conducting an audit, inquiry or, as the case may be, an investigation
under the Act, may require in writing any person, department, company or
organization to furnish such information as is held by that person, department,
company or organization, which, in the opinion of the officer of Sales Tax, is
relevant to such audit, inquiry or investigation.
(3) The Board may
require, in writing, any person, department, company or organization, as the
case may be, to provide any information or data held
by that person, department, company or organization, which, in the opinion of
the Board, is required for purposes of formulation of policy or administering
the Customs, Sales Tax, Federal Excise or Income Tax.
(4) Every
person, department, company or organization shall furnish the information
requisitioned by the Board or the officer of Sales Tax under sub-section (2) or
(3), within the time specified in the notice issued by the Board or, as the
case may be, the officer of Sales Tax.