Power of inspection

(1) The prescribed authority may, for the purposes of this Act, enter and search any place of entertainment or any place where such entertainment is being conducted or where books of accounts or records are kept. (2) If the prescribed authority has reason to believe that an entertainment is being conducted in contravention of the provisions of this Act, he may: (a) require the proprietor to produce for inspection all records, books, or documents related to the entertainment; (b) stop and search any vehicle or person if he suspects evasion of tax. (3) The proprietor shall produce all such records and documents as required under sub-section (2). (4) The prescribed authority may impound any books of accounts or documents which he has reason to believe may be useful for or relevant to any proceedings under this Act. (5) The prescribed authority may issue a summons for the appearance of any person to give evidence or produce documents. (6) Any order passed by the prescribed authority under sub-section (1) shall be recorded. (7) The prescribed authority shall maintain a record of all inspections conducted. (8) All proceedings under this section shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code, 1860. (1) Within ninety days from passing by the Tribunal of any order under appeal, the assessee in respect of whom the order bas been passed or the Commissioner, may by application in writing together with a fee of one thousand rupees, where such application is made by the assessee, require the Tribunal to refer to the High Court any question of law arising out of such order. (2) If, for reasons to be recorded in writing the Tribunal refuses to make such reference, the applicant may, within forty five days of such order, either- ( a) withdraw his application (and if the applicant who does so, is an assessee the fee paid by him shall be refunded); or (b) apply to the High Court against such refusal. (3) lf upon the receipt of an application under clause (b) of sub-section (2) the High Court is not satisfied that such refusal was justified it may require the Tribunal to state a case and refer it to the High Court and on receipt of such requisition the Tribunal shall state and refer the case accordingly. (4) If the High Court is not satisfied that the statements in a case referred under this section are sufficient to enable it to determine the question raised thereby, it may refer the case back to the Tribunal to make such additions thereto or alterations therein as the court may direct in that behalf. (5) The High Court upon hearing of any such case shall decide the question of law raised thereby, and shall deliver its judgment thereon containing the grounds on which decision is founded. and shall send' to the Tribunal a copy of such judgment under the seal of the court and the signature of the Registrar. and Tribunal shall where necessary. amend its order in conformity with such judgment. (6) Where a reference is made to the High Court under this section the costs including the disposal of the fee referred to in sub-section (1) shall be in discretion of the court. (7) The paym ent of the amount of tax including penalty. if any, due in accordance with the order of the Tribunal in respect of which an application has been made under this section shall not be stayed pending the disposal of such application or any reference made in the consequence thereof. (8) The Tribunal or the High Court may admit an application under this section after the expiry of the period of limitation provided in this section, if it is satisfied that th~ applicant had sufficient cause for not presenting application within the period.