Section 134 - Power to Inspect Registers of Companies
Case Laws & Commentary - Income-tax Act, 1961 (as amended by the Finance Act, 2026) - bharattax.co Treatise
Provision: Section 134 - the Assessing Officer, the Joint Commissioner or the Commissioner (Appeals) (and authorised subordinates) may inspect, and take copies/extracts of, any register of the members, debenture-holders or mortgagees of a company or of any entry in such register.
Chapter / Part: Chapter XIII, Part C - Powers.
FA 2026 status: Not amended by the Finance Act, 2026.
Nature: A narrow, specific inspection power. Sparse case law (candour rule).
A. SECTION COMMENTARY
A specific inspection power
Section 134 confers a narrow and specific power: to inspect, and to take copies of or extracts from, the statutory registers that a company maintains of its members, debenture-holders and mortgagees, and any entry in them. The object is to enable the assessing and appellate authorities to verify shareholding, debenture-holding and security interests - information often material to questions of beneficial ownership, deemed dividend, capital structure and the genuineness of transactions. The power complements the general information powers in section 133 and the inspection incidents of search and survey, but is confined to company registers.
Litigation profile
Section 134 has produced virtually no reported litigation, reflecting its narrow and uncontroversial scope; this is stated candidly. The information obtainable under it - the contents of company registers - is in any event largely a matter of public record under company law, and the power is best understood as a convenience enabling direct verification. Its exercise is governed by the general principle that a statutory power must be used for its proper purpose and not as a pretext for a wider, unauthorised enquiry.
B. STATUTORY POSITION (verbatim text)
Reproduced below is section 134 as it stands in the bare Act.
134. The Assessing Officer, the Deputy Commissioner (Appeals), the Joint Commissioner or [the Joint Commissioner (Appeals) or] the Commissioner (Appeals), or any person subordinate to him authorised in writing in this behalf by the Assessing Officer, the Deputy Commissioner (Appeals), the Joint Commissioner or [the Joint Commissioner (Appeals) or] the Commissioner (Appeals), may inspect, and if necessary, take copies, or cause copies to be taken, of any register of the members, debenture holders or mortgagees of any company or of any entry in such register. Power of Principal Director General or Director General or Principal Director or Director, Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner and Joint
Note: Section 134 has not been the subject of significant reported decisions; the governing principle is the general rule that a specific statutory power is confined to its purpose.
C. AUTHORITIES
Cluster 1 - A specific power confined to its purpose (cognate)
Income-tax Officer v. Seth Brothers (1969) 74 ITR 836 (SC)
Forum / Citation: Supreme Court of India, 15 July 1969. Reported: (1969) 74 ITR 836 (SC); AIR 1970 SC 292; (1969) 2 SCC 324; (1970) 1 SCR 601.
Held: A statutory power must be exercised strictly for the purpose for which it is conferred and is amenable to judicial scrutiny if abused or used for a collateral object.
Principle: The inspection power under section 134 is confined to verifying company registers and cannot be used for a collateral purpose.
Relevance: Supplies the controlling principle for the exercise of this narrow power.
Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Statutory text reproduced verbatim from the bare Act (Chapter XIII, ss. 116-138). Each authority is cited with its full parallel reporter citations as reported; Supreme Court, High Court and Income Tax Appellate Tribunal (ITAT) rulings are identified as such. Where a section has not been directly construed, that is stated candidly and the nearest governing authority is given. For professional reference; not legal advice.
CHAPTER XIII - INCOME-TAX AUTHORITIES
Section 134 - Power to Inspect Registers of Companies
Case Laws & Commentary - Income-tax Act, 1961 (as amended by the Finance Act, 2026) - bharattax.co Treatise
Provision: Section 134 - the Assessing Officer, the Joint Commissioner or the Commissioner (Appeals) (and authorised subordinates) may inspect, and take copies/extracts of, any register of the members, debenture-holders or mortgagees of a company or of any entry in such register.
Chapter / Part: Chapter XIII, Part C - Powers.
FA 2026 status: Not amended by the Finance Act, 2026.
Nature: A narrow, specific inspection power. Sparse case law (candour rule).
A. SECTION COMMENTARY
A specific inspection power
Section 134 confers a narrow and specific power: to inspect, and to take copies of or extracts from, the statutory registers that a company maintains of its members, debenture-holders and mortgagees, and any entry in them. The object is to enable the assessing and appellate authorities to verify shareholding, debenture-holding and security interests - information often material to questions of beneficial ownership, deemed dividend, capital structure and the genuineness of transactions. The power complements the general information powers in section 133 and the inspection incidents of search and survey, but is confined to company registers.
Litigation profile
Section 134 has produced virtually no reported litigation, reflecting its narrow and uncontroversial scope; this is stated candidly. The information obtainable under it - the contents of company registers - is in any event largely a matter of public record under company law, and the power is best understood as a convenience enabling direct verification. Its exercise is governed by the general principle that a statutory power must be used for its proper purpose and not as a pretext for a wider, unauthorised enquiry.
B. STATUTORY POSITION (verbatim text)
Reproduced below is section 134 as it stands in the bare Act.
134. The Assessing Officer, the Deputy Commissioner (Appeals), the Joint Commissioner or [the Joint Commissioner (Appeals) or] the Commissioner (Appeals), or any person subordinate to him authorised in writing in this behalf by the Assessing Officer, the Deputy Commissioner (Appeals), the Joint Commissioner or [the Joint Commissioner (Appeals) or] the Commissioner (Appeals), may inspect, and if necessary, take copies, or cause copies to be taken, of any register of the members, debenture holders or mortgagees of any company or of any entry in such register. Power of Principal Director General or Director General or Principal Director or Director, Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner and Joint
Note: Section 134 has not been the subject of significant reported decisions; the governing principle is the general rule that a specific statutory power is confined to its purpose.
C. AUTHORITIES
Cluster 1 - A specific power confined to its purpose (cognate)
Income-tax Officer v. Seth Brothers (1969) 74 ITR 836 (SC)
Forum / Citation: Supreme Court of India, 15 July 1969. Reported: (1969) 74 ITR 836 (SC); AIR 1970 SC 292; (1969) 2 SCC 324; (1970) 1 SCR 601.
Held: A statutory power must be exercised strictly for the purpose for which it is conferred and is amenable to judicial scrutiny if abused or used for a collateral object.
Principle: The inspection power under section 134 is confined to verifying company registers and cannot be used for a collateral purpose.
Relevance: Supplies the controlling principle for the exercise of this narrow power.
Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Statutory text reproduced verbatim from the bare Act (Chapter XIII, ss. 116-138). Each authority is cited with its full parallel reporter citations as reported; Supreme Court, High Court and Income Tax Appellate Tribunal (ITAT) rulings are identified as such. Where a section has not been directly construed, that is stated candidly and the nearest governing authority is given. For professional reference; not legal advice.