India - Income Tax Act 2010 - Saarc

S. 271 I.T. ACT, 1961 1.906deemed to have concealed the particulars of his income or furnished inaccurateparticulars of such income, 34 [unless,—(1) such income is, or the transactions resulting in such income arerecorded,—(i) in a case falling under clause (a), before the date of the search ;and(ii) in a case falling under clause (b), on or before such date,in the books of account, if any, maintained by him for any source ofincome or such income is otherwise disclosed to the 35 [Chief Commissioneror Commissioner] before the said date ; or(2) he, in the course of the search, makes a statement under sub-section(4) of section 132 that any money, bullion, jewellery or other valuablearticle or thing found in his possession or under his control, has beenacquired out of his income which has not been disclosed so far inhis return of income to be furnished before the expiry of timespecified in 36 [* * *] sub-section (1) of section 139, and also specifies inthe statement the manner in which such income has been derived andpays the tax, together with interest, if any, in respect of such income.]37[Explanation 5A.— Where, in the course of a search initiated under section 132on or after the 1st day of June, 2007, the assessee is found to be the owner of—(i) any money, bullion, jewellery or other valuable article or thing(hereafter in this Explanation referred to as assets) and the assessee34. Substituted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986,w.e.f. 10-9-1986.35. Substituted for “Commissioner” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.36. Words “clause (a) or clause (b) of” omitted by the Direct Tax Laws (Amendment) Act, 1989,w.e.f. 1-4-1989.37. Substituted by the Finance (No. 2) Act, 2009, w.r.e.f. 1-6-2007. Prior to its substitution,Explanation 5A, as inserted by the Finance Act, 2007, w.e.f. 1-6-2007, read as under :“Explanation 5A.—Where in the course of a search initiated under section 132 on or afterthe 1st day of June, 2007, the assessee is found to be the owner of,—(i) any money, bullion, jewellery or other valuable article or thing (hereinafter in thisExplanation referred to as assets) and the assessee claims that such assets havebeen acquired by him by utilizing (wholly or in part) his income for any previousyear; or(ii) any income based on any entry in any books of account or other documents ortransactions and he claims that such entry in the books of account or otherdocuments or transactions represents his income (wholly or in part) for anyprevious year,which has ended before the date of the search and the due date for filing the return ofincome for such year has expired and the assessee has not filed the return, then,notwithstanding that such income is declared by him in any return of income furnishedon or after the date of the search, he shall, for the purposes of imposition of a penalty underclause (c) of sub-section (1) of this section, be deemed to have concealed the particularsof his income or furnished inaccurate particulars of such income.”