Clause 60 - Insertion of new section 35GA - WT Act - Power of Commissioner to grant immunity from prosecution. - Finance Bill, 2008

60. After section 35G of the Wealth-tax Act, the following section shall be inserted, namely:— "35GA. ( 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 22C and the proceedings for settlement have abated under section 22HA. ( 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 wealth-tax authority in the proceedings before him and has made a full and true disclosure of his net wealth and the manner in which such net wealth has been derived: Provided that where the application for settlement under section 22C had been made before the 1 st day of June, 2007, the Commissioner may grant immunity from prosecution for any offence under this Act or under the Indian Penal Code 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 ( 4 ) The immunity granted to a person under sub-section ( 3 ) shall stand withdrawn, if such person fails to comply with any condition subject to which the immunity was granted and thereupon the provisions of this Act shall apply as if such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 ( 5 ) The immunity granted to a person under sub-section ( 3 ) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of any proceedings, after abatement, concealed any particulars, material to the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 wealth-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.".