Section 35. Prosecution

35. Prosecution. — (1) If any person fails without reasonable cause,— (a) to furnish in due time any return of gifts under this Act; (b) to produce, or cause to be produced, on or before the date mentioned in any notice under 6* * * sub-section (4) of section 15, such accounts, records and documents as are referred to in the notice; 7* * * * * he shall, on conviction before a magistrate, be punishable with fine which may extend to rupees ten for every day during which the default continues. (2) If a person makes a statement in a verification in any return of gift furnished under this Act or in a verification mentioned in section 22, 23 or 25 which is false, and which he either knows or believes to be false, or does not believe to be true, he shall, on conviction before a magistrate, be punishable with simple imprisonment which may extend to one year, or with fine which may extend to rupees one thousand, or with both. 1. Subs. by Act 4 of 1988, s. 161, for "Appellate Assistant Commissioner" (w.e.f. 1-4-1988). 2. Ins. by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10-7-1978). 3. Subs. by Act 4 of 1988, s. 161, for "Gift-tax Officer" (w.e.f. 1-4-1988). 4. Subs. by Act 5 of 1964, s. 52, for "section 33" (w.e.f. 1-4-1963). 5. Subs. by Act 67 of 1984, s. 76, for "from the date of the order sought to be amended" (w.e.f. 1-10-1984). 6. The words, brackets and figure "sub-section (2)" omitted by Act 41 of 1975, s. 119 (w.e.f. 1-4-1976). 7. Clause (c) omitted by s. 119. ibid , (w.e.f. 1-4-1976). 1[(2A) If a person abets or induces in any manner another person to make and deliver an account, statement or declaration relating to any gifts chargeable to tax which is false and which he either knows to be false or does not believe to be true, he shall, on conviction before a magistrate, be punishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees, or with both.] 2[(3) A person shall not be proceeded against for an offence under this Act except with the previous sanction of the Commissioner or Commissioner (Appeals): Provided that the Chief Commissioner or, as the case may be, Director General may issue such instructions or directions to the aforesaid gift-tax authorities as he may deem fit for institution of proceedings under this sub-section. (4) Any such offence may, either before or after the institution or proceedings, be compounded by the Chief Commissioner or Director General.] 3[ 4 [ Explanation 1 ].—For the purposes of this section, "magistrate" means a presidency magistrate or a magistrate of the first class.] 5[ Explanation 2 .— 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 gift-tax authorities for the proper composition of offences under this section.] 6[35A. 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. 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, 1. Ins. by Act 53 of 1962, s. 27 (w.e.f. 1-4-1963). 2. Subs. by Act 49 of 1991, s. 90, for sub-sections (3) and (4) (w.e.f. 1-10-1991). 3. Subs. by Act 53 of 1962, s. 27, for Explanation (w.e.f. 1-4-1963).