India - Income Tax Act 2010 - Saarc

1.933 CH. XXII - OFFENCES AND PROSECUTIONS S. 278B(3) The Commissioner may, subject to such conditions as he may think fit toimpose, grant to the person immunity from prosecution for any offence underthis Act, if he is satisfied that the person has, after the abatement, co-operatedwith the income-tax authority in the proceedings before him and has made a fulland true disclosure of his income and the manner in which such income has beenderived :Provided that where the application for settlement under section 245C had beenmade before the 1st day of June, 2007, the Commissioner may grant immunityfrom prosecution for any offence under this Act or under the Indian Penal Code(45 of 1860) or under any other Central Act for the time being in force.(4) The immunity granted to a person under sub-section (3) shall stand withdrawn,if such person fails to comply with any condition subject to which theimmunity was granted and thereupon the provisions of this Act shall apply as ifsuch immunity had not been granted.(5) The immunity granted to a person under sub-section (3) may, at any time, bewithdrawn by the Commissioner, if he is satisfied that such person had, in thecourse of any proceedings, after abatement, concealed any particulars materialto the assessment from the income-tax authority or had given false evidence, andthereupon such person may be tried for the offence with respect to which theimmunity was granted or for any other offence of which he appears to have beenguilty in connection with the proceedings.]36[Offences by companies.278B. (1) Where an offence under this Act has been committed by a company 37 ,every person who, at the time the offence was committed, was in chargeof, and was responsible to, the company for the conduct of the business of thecompany as well as the company shall be deemed to be guilty of the offence andshall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such personliable to any punishment if he proves that the offence was committed without hisknowledge or that he had exercised all due diligence to prevent the commissionof such offence.(2) Notwithstanding anything contained in sub-section (1), where an offenceunder this Act has been committed by a company and it is provedthat the offence has been committed with the consent or connivance of, or isattributable to any neglect on the part of, any director, manager, secretary orother officer of the company, such director, manager, secretary or otherofficer shall also be deemed to be guilty of that offence and shall be liable tobe proceeded against and punished accordingly.38[(3) Where an offence under this Act has been committed by a person, being acompany, and the punishment for such offence is imprisonment and fine, then,without prejudice to the provisions contained in sub-section (1) or sub-section (2),such company shall be punished with fine and every person, referred to in subsection(1), or the director, manager, secretary or other officer of the company36. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.37. For the meaning of the term “company”, see Taxmann’s Direct Taxes Manual, Vol. 3.38. Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.