CHAPTER XXII
OFFENCES AND PROSECUTIONS
1[1] [275A.
Contravention of order made under sub-section (3) of section 132:-
Whoever contravenes any
order referred to in 2[2] [the second proviso to sub-section (1) or] sub-section (3)
of section 132 shall be punishable with rigorous imprisonment which may extend
to two years and shall also be liable to fine.]
1[3] [275B.
Failure to comply with the provisions of clause (iib)
of sub-section (1) of section 132:-
If a person who is required
to afford the authorised officer the necessary
facility to inspect the books of account or other documents, as required under
clause (iib) of sub-section (1) of section
132, fails to afford such facility to the authorised
officer, he shall be punishable with rigorous imprisonment for a term which may
extend to two years and shall also be liable to fine.]
1[4] [276.
Removal, concealment, transfer or delivery of property to thwart tax recovery:-
Whoever fraudulently
removes, conceals, transfers or delivers to any person, any property or any
interest therein, intending thereby to prevent that property or interest
therein from being taken in execution of a certificate under the provisions of
the Second Schedule shall be punishable with rigorous imprisonment for a term
which may extend to two years and shall also be liable to fine.]
1[5] [276A.
Failure to comply with the provisions of sub-sections (1) and (3) of section
178:-
(i) Fails to
give the notice in accordance with sub-section (1) of section 178; or
(ii)
Fails to set aside the amount as required by sub-section (3) of that section;
or
(iii) Parts with any of the assets of the company or
the properties in his hands in contravention of the provisions of the aforesaid
sub-section,
He shall be punishable with
rigorous imprisonment for a term which may extend to two years:
Provided that in the absence of special and adequate reasons to the
contrary to be recorded in the judgment of the court, such imprisonment shall
not be for less than six months.]
276AA. Failure to comply with the provisions of section 269AB or
section 269-I:-
Omitted
by the Finance Act, 1986, w.e.f. 1-10-1986. It was inserted by the Income-tax (Amendment) Act, 1981, w.e.f. 1-7-1982.]
1[7] [276AB. Failure to
comply with the provisions of sections 269UC, 269UE and 269UL:-
Whoever 2[8] [* * *] fails to comply with the provisions of section
269UC or fails to surrender or deliver possession of the property under
sub-section (2) of section 269UE or contravenes the provisions of sub-section
(2) of section 269UL shall be punishable with rigorous imprisonment for a term
which may extend to two years and shall also be liable to fine:
Provided that in the absence of special and adequate reasons to the
contrary to be recorded in the judgment of the court, such imprisonment shall
not be for less than six months.]
1[9] [276B.
Failure to pay tax to the credit of Central Government under Chapter XIID or XVIIB:-
If a person fails to pay to the credit of the Central Government,
(a) The tax deducted at source by him as required by or under the provisions of Chapter XVIIB; or
(b) The tax
payable by him, as required by or under,
(i) Sub-section (2) of section 115-O; or
(ii) The
second proviso to section 194B,
He shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.]
DEPARTMENTAL VIEW
1. Where the figures of tax deducted at source shown in the
statements prepared by the employers are found to be incorrect with the result
that excess credit is given for tax in the assessments of employees, it amounts
to furnishing a false statement and hence prosecution in such cases should be
launched. [Letter No. 58/3/67, dated 23rd March, 1968]
1[10] [276BB. Failure to pay the tax collected at
source:-
If a person fails to pay to
the credit of the Central Government, the tax collected by him as required
under the provisions of section 206C, he shall be punishable with rigorous
imprisonment for a term which shall not be less than three months but which may
extend to seven years and with fine.]
1[11] [276C. Willful attempt to evade tax, etc.:-
(1) If a person willfully attempts in any
manner whatsoever to evade any tax, penalty or interest chargeable or imposable
under this Act, he shall, without prejudice to any penalty that may be
imposable on him under any other provision of this Act, be punishable,
(i) In a case
where the amount sought to be evaded exceeds one hundred thousand rupees, with
rigorous imprisonment for a term which shall not be less than six months but
which may extend to seven years and with fine;
(ii)
In any other case, with rigorous imprisonment for a term which shall not be
less than three months but which may extend to three years and with fine.
(2)
If a person willfully attempts in
any manner whatsoever to evade the payment of any tax, penalty or interest
under this Act, he shall, without prejudice to any penalty that may be
imposable on him under any other provision of this Act, be punishable with
rigorous imprisonment for a term which shall not be less than three months but
which may extend to three years and shall, in the discretion of the court, also
be liable to fine.
Explanation.For the purposes of
this section, a willful attempt to evade any tax, penalty or interest
chargeable or imposable under this Act or the payment thereof shall include a
case where any person
(i) Has in his
possession or control any books of account or other documents (being books of
account or other documents relevant to any proceeding under this Act)
containing a false entry or statement; or
(ii) Makes or causes to be made any false entry or
statement in such books of account or other documents; or
(iii) Willfully omits or causes to be omitted any
relevant entry or statement in such books of account or other documents; or
(iv) Causes any other circumstance to exist which will have the effect
of enabling such person to evade any tax, penalty or interest chargeable or
imposable under this Act or the payment thereof.]
SUPREME
COURT RULING
1. Once penalty imposed on the assessee
for concealment is cancelled on the basis of the conclusive finding of the
Appellate Tribunal that there is no concealment of income, prosecution of the assessee for an offence under section 276C for willful
evasion of tax cannot be proceeded with thereafter and quashing of the
prosecution is automatic. [K.C. Builders v ACIT (2004) 265 ITR
562 (SC)]
1[12] [276CC. Failure to furnish returns of income:-
If a person willfully fails
to furnish in due time 2[13] [the return of
fringe benefits which he is required to furnish under sub-section (1) of
section 115WD or by notice given under sub-section (2) of the said section or
section 115WH or] the return of income which he is required to furnish under
sub-section (1) of section 139 or by notice given under 3[14] [clause (i) of sub-section (1) of section 142] or section 148
4[15] [or section
153A], he shall be punishable,
(i) In a case
where the amount of tax, which would have been evaded if the failure had not
been discovered, exceeds one hundred thousand rupees, with rigorous
imprisonment for a term which shall not be less than six months but which may
extend to seven years and with fine;
(ii)
In any other case, with imprisonment for a term which shall not be less than
three months but which may extend to three years and with fine:
Provided that a person shall not be proceeded against under this
section for failure to furnish in due time the 5[16] [eturn of fringe
benefits under sub-section (1) of section 115WD or] return of income under
sub-section (1) of section 139
(i) For any
assessment year commencing prior to the 1st day of April, 1975; or
(ii) For any assessment year commencing on or after
the 1st day of April, 1975, if
(a) The return is
furnished by him before the expiry of the assessment year; or
(b) The tax payable by
him on the total income determined on regular assessment, as reduced by the
advance tax, if any, paid, and any tax deducted at source, does not exceed
three thousand rupees.]
SUPREME
COURT RULING
1. Under proviso (ii)(b) of section 276CC, a
person shall not be proceeded with for failure to furnish in due time the
return of income if the tax payable on the total income determined as reduced
by advance tax and tax deducted at source did not exceed Rs.
3,000. Since the tax liability of the firm, on final assessment, was determined
at Rs. 1,360, the prosecution was unwarranted and the
proceedings had to be quashed. [Guru Nanak Enterprises v ITO (2005)
279 ITR 30 (SC)]
1[17] [276CCC. Failure to furnish return of income in
search cases:-
If a person willfully fails to furnish in due time the return of total income which he is required to furnish by notice given under clause (a) of section 158BC, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to three years and with fine:
Provided that no person shall be punishable for any failure under this section in respect of search initiated under section 132 or books of accounts, other documents or any assets requisitioned under section 132A, after the 30th day of June, 1995 but before the 1st day of January, 1997.]
1[18] [276D. Failure to produce accounts and
documents:-
If a person wilfully fails to produce, or cause to be produced, on or
before the date specified in any notice served on him under sub-section (1) of
section 142, such accounts and documents as are referred to in the notice 2[19] [or wilfully fails to comply with a direction issued to him under
sub-section (2A) of that section], he shall be punishable with rigorous
imprisonment for a term which may extend to one year or with fine equal to a
sum calculated at a rate which shall not be less than four rupees or more than
ten rupees for every day during which the default continues, or with both.]
1[20] [276DD. Failure to comply with the provisions of section 269SS:-
Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1989.]
1[21] [276E. Failure to comply with the provisions
of section 269T:-
Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1989.]
1[22] [277. False statement in verification, etc.:-
If a person makes a
statement in any verification under this Act or under any rule made there
under, or delivers an account or statement which is false, and which he either
knows or believes to be false, or does not believe to be true, he shall be
punishable,
(i) In a case
where the amount of tax, which would have been evaded if the statement or
account had been accepted as true, exceeds one hundred thousand rupees, with
rigorous imprisonment for a term which shall not be less than six months but
which may extend to seven years and with fine;
(ii)
In any other case, with rigorous imprisonment for a term which shall not be
less than three months but which may extend to three years and with fine.]
1[23] [277A. Falsification of books of account or
document, etc.:-
If any person (hereafter in
this section referred to as the first person) wilfully
and with intent to enable any other person (hereafter in this section referred
to as the second person) to evade any tax or interest or penalty chargeable and
imposable under this Act, makes or causes to be made any entry or statement
which is false and which the first person either knows to be false or does not
believe to be true, in any books of account or other document relevant to or
useful in any proceedings against the first person or the second person, under
this Act, the first person shall be punishable with rigorous imprisonment for a
term which shall not be less than three months but which may extend to three
years and with fine.
Explanation.for the purposes of
establishing the charge under this section, it shall not be necessary to prove
that the second person has actually evaded any tax, penalty or interest
chargeable or imposable under this Act.]
1[24] [278. Abetment of false return, etc.:-
If a person abets or
induces in any manner another person to make and deliver an account or a
statement or declaration relating to any income 2[25] [or any fringe
benefits] chargeable to tax which is false and which he either knows to be
false or does not believe to be true or to commit an offence under sub-section
(1) of section 276C, he shall be punishable,
(i) In a case
where the amount of tax, penalty or interest which would have been evaded, if
the declaration, account or statement had been accepted as true, or which is wilfully attempted to be evaded, exceeds one hundred
thousand rupees, with rigorous imprisonment for a term which shall not be less
than six months but which may extend to seven years and with fine;
(ii)
In any other case, with rigorous imprisonment for a term which shall not be
less than three months but which may extend to three years and with fine.]
1[26] [278A. Punishment for second and subsequent
offences:-
If any person convicted of
an offence under section 276B or sub-section (1) of section 276C or section
276CC 2[27] [or section
276DD] 3[28] [or section 276E]
or section 277 or section 278 is again convicted of an offence under any of the
aforesaid provisions, he shall be punishable for the second and for every
subsequent offence with rigorous imprisonment for a term which shall not be
less than six months but which may extend to seven years and with fine.]
1[29] [278AA.
Punishment not to be imposed in certain cases:-
Notwithstanding anything
contained in the provisions of section 276A, section 276AB, 2[30] [or section
276B,] no person shall be punishable for any failure referred to in the said
provisions if he proves that there was reasonable cause for such failure.]
1[31] [278AB. Commissioner to grant immunity from prosecution:-
(1) A person may make an application to the
Commissioner for granting immunity from prosecution, if he has made an
application for settlement under section 245C and the proceedings for
settlement have abated under section 245HA.
(2)
The application to the Commissioner
under sub-section (1) shall not be made after institution of the prosecution
proceedings after abatement.
(3)
The Commissioner may, subject to
such conditions as he may think fit to impose, grant to the person immunity
from prosecution for any offence under this Act, if he is satisfied that the
person has, after the abatement, co-operated with the income-tax authority in
the proceedings before him and has made a full and true disclosure of his income
and the manner in which such income has been derived:
Provided that where the application for settlement under section
245C had been made before the 1st day of June, 2007, the Commissioner may grant
immunity from 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 the immunity was granted and thereupon the
provisions of this Act shall apply as if such immunity had not been granted.
(5)
The immunity granted to a person
under sub-section (3) may, at any time, be withdrawn by the Commissioner, if he
is satisfied that such person had, in the course of any proceedings, after
abatement, concealed any particulars material to the assessment from the
income-tax authority or had given false evidence, and thereupon such person may
be tried for the offence with respect to which the immunity was granted or for
any other offence of which he appears to have been guilty in connection with
the proceedings.]
1[32] [278B. Offences by companies:-
(1) Where an offence under this Act has been
committed by a company, every person who, at the time the offence was
committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company as well as the company shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in
sub-section (1), where an offence under this Act has been committed by a
company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
2[33] [(3) Where an offence under this Act has
been committed by a person, being a company, 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 sub-section (1), or the director,
manager, secretary or other officer of the company referred to in sub-section
(2), shall be liable to be proceeded against and punished in accordance with
the provisions of this Act.]
Explanation.for the purposes of
this section,
(a) "Company" means a body corporate,
and includes
(i) A
firm; and
(ii) An association of
persons or a body of individuals whether incorporated or not; and
(b) "Director", in relation to
(i) A
firm, means a partner in the firm;
(ii) Any association of
persons or a body of individuals, means any member controlling the affairs
thereof.]
SUPREME
COURT RULING
1. Prosecution against a company or its directors in default
of deducting tax or paying the tax deducted to the account of the Central
Government within the time allowed is clearly envisaged under sections 276B and
278B. That the company is a juristic person only means that the substantive
sentence cannot be imposed. Other consequences like payment of fine, etc. would
ensue. [Madhumilan Syntex
Ltd v Union of India (2007) 290 ITR 199 (SC)]
1[34] [278C. Offences by Hindu undivided families:-
(1) Where an offence under this Act has been
committed by a Hindu undivided family, the karta
thereof shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render the
karta liable to any punishment if he proves that the
offence was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in
sub-section (1), where an offence under this Act has been committed by a Hindu
undivided family and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part of, any
member of the Hindu undivided family, such member shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.]
1[35] [278D. Presumption as to assets, books of
account, etc., in certain cases:-
(1) Where during the course of any search
made under section 132, any money, bullion, jewellery
or other valuable article or thing (hereafter in this section referred to as
the assets) or any books of account or other documents has or have been found
in the possession or control of any person and such assets or books of account
or other documents are tendered by the prosecution in evidence against such
person or against such person and the person referred to in section 278 for an
offence under this Act, the provisions of sub-section (4A) of section 132
shall, so far as may be, apply in relation to such assets or books of account
or other documents.
(2) Where any assets or books of account or
other documents taken into custody, from the possession or control of any
person, by the officer or authority referred to in clause (a) or clause
(b) or clause (c), as the case may be, of sub-section (1) of
section 132A are delivered to the requisitioning officer under sub-section (2)
of that section and such assets, books of account or other documents are
tendered by the prosecution in evidence against such person or against such
person and the person referred to in section 278 for an offence under this Act,
the provisions of sub-section (4A) of section 132 shall, so far as may be,
apply in relation to such assets or books of account or other documents.]
1[36] [278E. Presumption as to culpable mental
state:-
(1) In any prosecution for any offence under
this Act which requires a culpable mental state on the part of the accused, the
court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no
such mental state with respect to the act charged as an offence in that
prosecution.
Explanation.In this sub-section, "culpable mental state"
includes intention, motive or knowledge of a fact or belief in, or reason to
believe, a fact.
(2) For the purposes of this section, a fact
is said to be proved only when the court believes it to exist beyond reasonable
doubt and not merely when its existence is established by a preponderance of
probability.]
279.
Prosecution to be at the instance of 1[37] [Chief Commissioner or Commissioner]:-
2[38] [(1) A person shall not be proceeded against
for an offence under section 275A 3[39] [, section 275B],
section 276, section 276A, section 276B, section 276BB, section 276C, section
276CC, section 276D, section 277 4[40] [, section 277A]
or section 278 except with the previous sanction of the Commissioner or
Commissioner (Appeals) or the appropriate authority:
Provided that the Chief Commissioner or, as the case may be,
Director General may issue such instructions or directions to the aforesaid
income-tax authorities as he may deem fit for institution of proceedings under
this sub-section.
Explanation.For the purposes of this section, "appropriate authority"
shall have the same meaning as in clause (c) of section 269UA.]
5[41] [(1A) A person
shall not be proceeded against for an offence under section 276C or section 277
in relation to the assessment for an assessment year in respect of which the
penalty imposed or imposable on him under clause (iii) of sub-section
(1) of section 271 has been reduced or waived by an order under section 273A.]
6[42] [(2) Any offence under
this Chapter may, either before or after the institution of proceedings, be
compounded7[43] by the Chief Commissioner or Director General.]
8[44] [(3) Where any proceeding has been taken
against any person under sub-section (1), any statement made or account or
other document produced by such person before any of the income-tax authorities
specified in 9[45] [clauses (a)
to (g)] of section 116 shall not be inadmissible as evidence for the
purpose of such proceedings merely on the ground that such statement was made
or such account or other document was produced in the belief that the penalty imposable
would be reduced or waived, 10[46] [under section
273A] or that the offence in respect of which such proceeding was taken would
be compounded.]
11[47] [Explanation.For
the removal of doubts, it is hereby declared that the power of the Board to
issue orders, instructions, or directions under this Act shall include and
shall be deemed always to have included the power to issue instructions or
directions (including instructions or directions to obtain the previous
approval of the Board) to other income-tax authorities for the proper
composition of offences under this section.]
DEPARTMENTAL
VIEW/SUPREME COURT RULING
1. The provisions of section 279(2) give a
discretion to the Commissioner to compound any offence and this
discretion is an unfettered one. Even so it has to be exercised in a judicial
manner. Some of the points which have to be considered before deciding to
compound an offence are:
(i) Compounding
of an offence may be considered only in those cases in which the assessee comes forward with a written request;
(ii) Cases in which the prospects of a successful
prosecution are good should not ordinarily be compounded;
(iii) Bearing in mind the deterrent effect of a
prosecution it should be considered whether the purpose will be more
effectively served by making the assessee pay a
deterrent composition fee or by obtaining a conviction; and
(iv) In cases where subsequent to the launching of prosecution
fresh evidence becomes available which may show that the case for the
prosecution is weak and the assessee is agreeable to
have the offence compounded, it may be advisable to compound the offence. [Letter
No. 417/69, dated 21st March, 1969]
2. Compounding of an offence is not a right of the accused nor
is it his unilateral act. It can only be done with the consent of the
authorities enumerated in the provision. No additional right can be created in favour of an accused to enable him to save himself from the
"disgrace and ignominy of the prosecution". [Assistant Commissioner Velliappa
Textiles Ltd. (2003) 263 ITR 550 (SC)]
1[48] [279A. Certain offences to be non-cognizable:-
Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence
punishable under section 276B or section 276C or section 276CC or section 277
or section 278 shall be deemed to be non-cognizable within the meaning of that
Code.]
1[49] [279B. Proof of entries in records or
documents:-
Entries in the records or
other documents in the custody of an income-tax authority shall be admitted in
evidence in any proceedings for the prosecution of any person for an offence
under this Chapter, and all such entries may be proved either by the production
of the records or other documents in the custody of the income-tax authority
containing such entries, or by the production of a copy of the entries
certified by the income-tax authority having custody of the records or other
documents under its signature and stating that it is a true copy of the
original entries and that such original entries are contained in the records or
other documents in its custody.]
280. Disclosure of particulars by public servants:-
(1) If a public servant 1[50] [furnishes any
information or produces any document in contravention of the provisions of
sub-section (2) of section 138], he shall be punishable with imprisonment which
may extend to six months, and shall also be liable to fine.
(2)
No prosecution shall be instituted
under this section except with the previous sanction of the Central Government.
[1]Inserted by the Income-tax (Amendment) Act, 1965, w.e.f. 12-3-1965.
[2]Inserted by the Finance Act, 1990, w.e.f. 1-4-1990.
[3]Inserted by the Finance Act, 2002, w.e.f. 1-6-2002.
[4]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Earlier, section 276, relating to "Failure to make payments or deliver returns or statements or allow inspection", as amended by the Finance Act, 1968, w.e.f. 1-4-1968 and Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971, was omitted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[5]Inserted by the Finance Act, 1965, w.e.f. 1-4-1965.
[6]The words ", without reasonable cause or excuse," omitted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986.
[7]Inserted by the Finance Act, 1986, w.e.f. 13-5-1986.
[8]The words ", without reasonable cause or excuse," omitted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986.
[9]Substituted by the Finance Act, 1997, w.e.f. 1-6-1997. Earlier, section 276B was inserted by the Finance Act, 1968, w.e.f. 1-4-1968; substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975; amended by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986 and substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[10]Inserted by the Finance Act, 1988, w.e.f. 1-6-1988.
[11]Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. It was inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[12]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[13]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[14]Substituted for "sub-section (2) of section 139" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[15]Inserted by the Finance Act, 2003, w.e.f. 1-6-2003.
[16]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[17]Inserted by the Income-tax (Amendment) Act, 1997, w.e.f. 1-1-1997.
[18]Inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[19]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[20]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[21]Prior to the omission, section 276E was inserted by the Income-tax (Second Amendment) Act, 1981, w.e.f. 11-7-1981 and amended by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1987, w.e.f. 10-9-1986.
[22]Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[23]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[24]Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[25]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[26]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[27]Inserted by the Finance Act, 1985, w.e.f. 24-5-1985.
[28]Inserted by the Income-tax (Second Amendment) Act, 1981, w.e.f. 11-7-1981.
[29]Inserted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986
[30]Substituted for "section 276B, section 276DD or section 276E" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[31]Inserted by the Finance Act, 2008, w.e.f. 1-4-2008.
[32]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[33]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[34]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[35]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[36]Inserted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986.
[37]Substituted for "Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[38]Substituted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. Earlier, it was amended by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975; Income-tax (Second Amendment) Act, 1981, w.e.f. 11-7-1981; Finance Act, 1982, w.e.f. 1-4-1982; Taxation Laws (Amendment) Act, 1984, w.e.f. 1-4-1984 and Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988 and substituted by the Finance Act, 1988, w.e.f. 1-4-1989.
[39]Inserted by the Finance Act, 2002, w.e.f. 1-6-2002.
[40]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[41]Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. It was inserted by the Income-tax (Amendment) Act, 1965, w.e.f. 12-3-1965.
[42]Substituted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. Earlier, sub-section (2) was substituted by the Finance Act, 1988, w.e.f. 1-4-1989.
_______________________________________________________________________________________________________________________________ [43]See Board's Letter F. No. 4/7/69-IT (Inv), dated 21-3-1969.
[44]Inserted by the Income-tax (Amendment) Act, 1965, w.e.f. 12-3-1965.
[45]Substituted for "clauses (a), (b), (c), (d) and (e)" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[46]Substituted for "under sub-section (4A) of section 271" by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[48]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.
[49]Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[50]Substituted for "discloses any particulars, the disclosure of which is prohibited by section 137" by the Finance Act, 1964, w.e.f. 1-4-1964.