63. Power to summon witnesses and production of documents

63. Power to summon witnesses and production of documents

(1) An authority prescribed or an appellate or revising authority or an inspecting authority or any officer of the Commercial Taxes Department not lower in rank than an Assistant Commercial Tax Officer shall, for the purposes of the Act, have all the powers:-

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

(b) compelling the production of any document.

(2) Without prejudice to the provisions of any other law for the time being in force, where a person to whom a summon is issued either to attend to give evidence, or produce accounts, registers, records or other documents at a certain place and time intentionally omits or fails to attend or produce accounts, registers, records or other documents at such place or time the authority or officer mentioned in sub-section (1) may after giving the person concerned a reasonable opportunity of being heard impose upon him by way of penalty a sum of Rs 1,000/- (Rupees one thousand only) for every day of delay after 30 days (thirty days) from the date of summons/ notice issued subject to a maximum of Rs 30,000 /- (Rupees thirty thousand only) in case of a VAT dealer and Rs 350 /- (Rupees three hundred and  fifty only) for every day of delay after 30 days ( thirty days) from the date of summons/ notice issued subject to maximum of Rs 10,000 /- (Rupees ten thousand only) in case of a TOT dealer, and Rs 500 /- (Rupees five hundred only) per day in case of all other person subject to maximum of Rs. 15, 000 /- (Rupees fifteen thousand only) as it or he thinks fit. 

(3) Any officer of the Commercial Tax Department, not lower in rank than an Assistant Commercial Tax Officer shall have powers to call for such information, particulars or records as he may require from any person for the purpose of assessment, levy and collection of tax under the Act.