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If a
person, being a resident other than not ordinarily resident in India within the meaning of clause (6) of
section 6 of the Income-tax Act, who at any time during the previous year, held any asset (including
financial interest in any entity) located outside India as a beneficial owner or otherwise, or was a
beneficiary of such asset or had income from a source outside India and wilfully fails to furnish in due
time the return of income which he is required to furnish under sub-section (1) of section 139 of that Act,
he shall be punishable with rigorous imprisonment for a term which shall not be less than six months but
which may extend to seven years and with fine:
Provided that a person shall not be proceeded against under this section for failure to furnish in due
time the return of income under sub-section (1) of section 139 of the Income-tax Act if the return is
furnished by him before the expiry of the assessment year.
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