Income Tax Act, 1961
Section 5: Subs. by Act 29 of 2006, s. 19, for section 288B (w.e.f. 132006).
5. Subs. by Act 29 of 2006, s. 19, for section 288B (w.e.f. 132006).
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289. Receipt to be given.—A receipt shall be given for any money paid or recovered under this Act.
290. Indemnity.—Every person deducting, retaining, or paying any tax in pursuance of this Act in
respect of income belonging to another person is hereby indemnified for the deduction, retention, or
payment thereof.
291. Power to tender immunity from prosecution.—(1) The Central Government may, if it is of
opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the
evidence of any person appearing to have been directly or indirectly concerned in or privy to the
concealment of income or to the evasion of payment of tax on income 1[it is necessary or expedient so to
do], tender to such person 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 and also from the
imposition of any penalty under this Act on condition of his making a full and true disclosure of the
whole circumstances relating to the concealment of 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 prosecution for any offence in respect of which
the tender was made or from the imposition of any penalty under this Act.
(3) If it appears to the Central Government that any person to whom immunity has been tendered
under this section has not complied with the condition on which the tender was made or is wilfully
concealing anything or is giving false evidence, the Central Government may record a finding to that
effect, and thereupon the immunity shall be deemed to have been withdrawn, and any such person may be
tried for the offence in respect of which the tender of immunity was made or for any other offence of
which he appears to have been guilty in connection with the same matter and shall also become liable to
the imposition of any penalty under this Act to which he would otherwise have been liable.
292. Cognizance of offences.—No court inferior to that of a presidency magistrate or a magistrate of
the first class shall try any offence under this Act.
2[292A. Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders
Act, 1958, not to apply.—Nothing contained in section 360 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 person is under eighteen years of age.
292B. Return of income, etc., not to be invalid on certain grounds.—No return of income,
assessment, notice, summons or other proceeding, furnished or made or issued or taken or purported to
have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be
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 or other proceeding if such return of income, assessment,
notice, summons or other proceeding is in substance and effect in conformity with or according to the
intent and purpose of this Act.]
3[292BB. Notice deemed to be valid in certain circumstances.—Where an assessee has appeared in
any proceeding or co-operated in any inquiry relating to an assessment or reassessment, it shall be
deemed that any notice under any provision of this Act, which is required to be served upon him, has been
duly served upon him in time in accordance with the provisions of this Act and such assessee shall be
precluded from taking any objection in any proceeding or inquiry under this Act that the notice was—
(a) not served upon him; or
The Central Government may, if it is of
opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the
evidence of any person appearing to have been directly or indirectly concerned in or privy to the
concealment of income or to the evasion of payment of tax on income 1[it is necessary or expedient so to
do], tender to such person 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 and also from the
imposition of any penalty under this Act on condition of his making a full and true disclosure of the
whole circumstances relating to the concealment of income or evasion of payment of tax on income.
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 prosecution for any offence in respect of which
the tender was made or from the imposition of any penalty under this Act.
If it appears to the Central Government that any person to whom immunity has been tendered
under this section has not complied with the condition on which the tender was made or is wilfully
concealing anything or is giving false evidence, the Central Government may record a finding to that
effect, and thereupon the immunity shall be deemed to have been withdrawn, and any such person may be
tried for the offence in respect of which the tender of immunity was made or for any other offence of
which he appears to have been guilty in connection with the same matter and shall also become liable to
the imposition of any penalty under this Act to which he would otherwise have been liable.
292. Cognizance of offences.—No court inferior to that of a presidency magistrate or a magistrate of
the first class shall try any offence under this Act.
2[292A. Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders
Act, 1958, not to apply.—Nothing contained in section 360 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 person is under eighteen years of age.
292B. Return of income, etc., not to be invalid on certain grounds.—No return of income,
assessment, notice, summons or other proceeding, furnished or made or issued or taken or purported to
have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be
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 or other proceeding if such return of income, assessment,
notice, summons or other proceeding is in substance and effect in conformity with or according to the
intent and purpose of this Act.]
3[292BB. Notice deemed to be valid in certain circumstances.—Where an assessee has appeared in
any proceeding or co-operated in any inquiry relating to an assessment or reassessment, it shall be
deemed that any notice under any provision of this Act, which is required to be served upon him, has been
duly served upon him in time in accordance with the provisions of this Act and such assessee shall be
precluded from taking any objection in any proceeding or inquiry under this Act that the notice was—
not served upon him; or