India - Income Tax Act 2010 - Saarc

S. 278AB I.T. ACT, 1961 1.93227[Abetment of false return, etc.278. If a person abets or induces in any manner another person to make anddeliver an account or a statement or declaration relating to any income28[or any fringe benefits] chargeable to tax which is false and which he eitherknows to be false or does not believe to be true or to commit an offence undersub-section (1) of section 276C, he shall be punishable,—(i) in a case where the amount of tax, penalty or interest which wouldhave been evaded, if the declaration, account or statement had beenaccepted as true, or which is wilfully attempted to be evaded, exceedsone hundred thousand rupees, with rigorous imprisonment for a termwhich shall not be less than six months but which may extend to sevenyears and with fine;(ii) in any other case, with rigorous imprisonment for a term which shallnot be less than three months but which may extend to three yearsand with fine.]29[Punishment for second and subsequent offences.278A. If any person convicted of an offence under section 276B or sub-section(1) of section 276C or section 276CC 30 [or section 276DD] 31 [or section276E] or section 277 or section 278 is again convicted of an offence under anyof the aforesaid provisions, he shall be punishable for the second and for everysubsequent offence with rigorous imprisonment for a term which shall not beless than six months but which may extend to seven years and with fine.]32[Punishment not to be imposed in certain cases.278AA. Notwithstanding anything contained in the provisions of section 276A,section 276AB, 33 [or section 276B,] no person shall be punishable for anyfailure referred to in the said provisions if he proves that there was reasonablecause 34 for such failure.]35[Power of Commissioner to grant immunity from prosecution.278AB. (1) A person may make an application to the Commissioner for grantingimmunity from prosecution, if he has made an application for settlementunder section 245C and the proceedings for settlement have abated undersection 245HA.(2) The application to the Commissioner under sub-section (1) shall not be madeafter institution of the prosecution proceedings after abatement.27. Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.28. Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.29. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.30. Inserted by the Finance Act, 1985, w.e.f. 24-5-1985.31. Inserted by the Income-tax (Second Amendment) Act, 1981, w.e.f. 11-7-1981.32. Inserted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f.10-9-1986.33. Substituted for “section 276B, section 276DD or section 276E,” by the Direct Tax Laws(Amendment) Act, 1987, w.e.f. 1-4-1989.34. For the meaning of the expression “reasonable cause”, see Taxmann’s Direct TaxesManual, Vol. 3.35. Inserted by the Finance Act, 2008, w.e.f. 1-4-2008.