Section 87 - Substitution of new section for section 17A - Direct Tax Laws (Amendment) Act, 1989

87. Substitution of new section for section 17A. For section 17A of the Gift-tax Act [as it stood immediately be- fore its substitution by section 174 of the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988)], the following section shall be substituted, namely :- 17A. Penalty for failure to answer questions, sign statements, furnish information, allow inspection, etc. (1) If a person, - (a) being legally bound to state the truth of any matter touching the subject of his assessment, refuses to answer any question put to him by a gift-tax authority in the exercise of his powers under this Act; or (b) refuses to sign any statement made by him in the course of any proceedings under this Act which a gift-tax authority may legally require him to sign; or (c) to whom a summons is issued under sub-section (1) of section 36, either to attend to give evidence or produce books of account or other documents at a certain place and time, omits to attend or produce the books of account or documents at the place and time, he shall pay, by way of penalty, a sum which shall not be less than five hundred rupees but which may extend to ten thousand rupees for each such default or failure: Provided that no penalty shall be imposable under clause (c) if the person proves that there was reasonable cause for the said failure. (2) If a person fails to furnish in due time any statement or in- formation which such person is bound to furnish to the Assessing Officer under section 37, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees but which may extend to two hundred rupees for every day during which the failure continues: Provided that no penalty shall be imposable under this sub- section if the person proves that there was reasonable cause for the said failure. (3) Any penalty imposable under sub-section (1) or sub- section (2) shall be imposed, - (a) in a case where the contravention, failure or default in respect of which such penalty is imposable occurs in the course of any proceeding before a gift-tax authority not lower in rank than a Deputy Director or a Deputy Commissioner, by such gift-tax authority; (b) in any other case, by the Deputy Director or the Deputy Commissioner. (4) No order under this section shall be passed by any gift-tax authority referred to in sub-section (3) unless the person on whom penalty is proposed to be imposed has been heard or has been given a reasonable opportunity of being heard in the matter by such authority. Explanation-In this section, gift-tax authority includes a Director General, Director, Deputy Director, Assistant Director or Valuation Officer while exercising the powers vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the matters specified in sub-section (1) of section 36. .