Waiver of Certain Tax, Interest and Penalties Act, 1993
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Non-application of sections 2 (5) and 3 (4). |
4.—(1) The provisions of sections 2 (5) and 3 (4) shall not apply, and those provisions shall be deemed never to have applied, to a person where— | |
(a) such person fails— | ||
(i) if he is an individual, for the year of assessment 1992-93, or | ||
(ii) in any other case, for any accounting period ending in the year beginning on the 1st day of January, 1993, and ending on the 31st day of December, 1993, | ||
to duly deliver a return of income on or before the specified date in relation to that return, or | ||
(b) (i) a declaration given by such person to the Chief Special Collector under subsection (3) (a) of section 2 — | ||
(I) did not contain a full and true statement of the kind referred to in subparagraph (iii) of the said subsection, or | ||
(II) is proven to be false in so far as the requirements of subparagraph (iv) of the said subsection are concerned, | ||
or | ||
(ii) a declaration given by him to the Chief Special Collector under subsection (6) (b) of section 3 did not contain a full and true statement of the kind referred to in subparagraph (III) of the said subsection, or | ||
(c) the amount paid or remitted by him in respect of arrears of tax was less than the arrears of tax due and payable by him, | ||
and any certificate issued to that person pursuant to section 2 (4) or section 3 (6) (c) shall be null and void. | ||
(2) Where, by virtue of this section, section 2 (5) does not apply and is deemed never to have applied to an individual, the amount paid by him as the settlement amount shall be treated as a payment on account of relevant tax. | ||
(3) (a) In subsection (1) “return of income” and “specified date” have the meanings assigned to them by section 48 of the Finance Act, 1986 . | ||
(b) The provisions of subsection (1) (b) of section 48 of the Finance Act, 1986 , shall apply for the purposes of subsection (1) (a) of this section as they apply for the purposes of that section. |