Section 278AB – 6[Power of 6a[Principal Commissioner or] Commissioner to grant immunity from prosecution.

6[Power of 6a[Principal Commissioner or] Commissioner to grant immunity from prosecution.

278AB. (1) A person may make an application to the 6a[Principal Commissioner or] 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 6a[Principal Commissioner or] Commissioner under sub-section (1) shall not be made after institution of the prosecution proceedings after abatement.

(3) The 6a[Principal Commissioner or] 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 derivedĀ :

Provided that where the application for settlement under section 245C had been made before the 1st day of June, 2007, the 6a[Principal Commissioner or] 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(4) The immunity granted to a person under sub-section (3) shall stand withdrawn, if such person fails to comply with any condition subject to which the immunity was granted and thereupon the provisions of this Act shall apply as if such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(5) The immunity granted to a person under sub-section (3) may, at any time, be withdrawn by the 6a[Principal Commissioner or] Commissioner, if he is satisfied that such person had, in the course of any proceedings, after abatement, concealed any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.]

 

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