India - Income Tax Act 2010 - Saarc

S. 292B I.T. ACT, 1961 1.948evidence of any person appearing to have been directly or indirectly concernedin or privy to the concealment of income or to the evasion of payment of tax onincome 16 [it is necessary or expedient so to do], tender to such person 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 and alsofrom the imposition of any penalty under this Act on condition of his making afull and true disclosure of the whole circumstances relating to the concealmentof income or evasion of payment of tax on income.(2) A tender of immunity made to, and accepted by, the person concerned, shall,to the extent to which the immunity extends, render him immune from prosecutionfor any offence in respect of which the tender was made or from theimposition of any penalty under this Act.(3) If it appears to the Central Government that any person to whom immunityhas been tendered under this section has not complied with the condition onwhich the tender was made or is wilfully concealing anything or is giving falseevidence, the Central Government may record a finding to that effect, andthereupon the immunity shall be deemed to have been withdrawn, and any suchperson may be tried for the offence in respect of which the tender of immunitywas made or for any other offence of which he appears to have been guilty inconnection with the same matter and shall also become liable to the impositionof any penalty under this Act to which he would otherwise have been liable.Cognizance of offences.292. No court inferior to that of a presidency magistrate or a magistrate of thefirst class shall try any offence under this Act.17[Section 360 of the Code of Criminal Procedure, 1973, and the Probation ofOffenders Act, 1958, not to apply.292A. Nothing contained in section 360 18 of the Code of Criminal Procedure,1973 (2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958),shall apply to a person convicted of an offence under this Act unless that personis under eighteen years of age.]19[Return of income, etc., not to be invalid on certain grounds.292B. No return of income, assessment, notice, summons or other proceeding,furnished or made or issued or taken or purported to have been furnishedor made or issued or taken in pursuance of any of the provisions of this Act shallbe invalid or shall be deemed to be invalid merely by reason of any mistake,defect or omission in such return of income, assessment, notice, summons orother proceeding if such return of income, assessment, notice, summons or otherproceeding is in substance and effect in conformity with or according to theintent and purpose of this Act.]16. Inserted by the Finance Act, 1963, w.e.f. 28-4-1963.17. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.18. For text of section 360 of the Code of Criminal Procedure, 1973, see Appendix.19. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.