55Prosecution to be at instance of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner
55. 1 [Prosecution to be at instance of Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General or Principal Commissioner or Commissioner].—(1) A person shall not be proceeded against for an offence under section 49 to section 53 (both inclusive) except with the sanction of the Principal Commissioner or Commissioner or the Commissioner (Appeals), as the case may be.
(2) The Principal Chief Commissioner or the Chief Commissioner 2 [or the Principal Director General or the Director General] may issue such instructions, or directions, to the tax authorities referred to in sub-section (1) as he may think fit for the institution of proceedings under this section.
(3) The power of the Board to issue orders, instructions or directions under this Act shall include the power to issue orders, instructions or directions (including instructions or directions to obtain its previous approval) to other tax authorities for the proper initiation of proceedings of offences (including an authorisation to file and pursue complaints by one or more Inspectors of tax) under this section.
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1. Subs. by Act 13 of 2018, s. 219, for "Prosecution to be at instance of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner" (w.e.f. 1-4-2018).
2. Ins. by s. 219, ibid. (w.e.f. 1-4-2018).
- 48 Chapter not in derogation of any other law or any other provision of this Act
- 49 Punishment for failure to furnish return in relation to foreign income and asset
- 50 Punishment for failure to furnish in return of income, any information about an asset (including financial interest in any entity) located outside India
- 51 Punishment for wilful attempt to evade tax
- 52 Punishment for false statement in verification
- 53 Punishment for abetment
- 54 Presumption as to culpable mental state
- 55 Prosecution to be at instance of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner
- 56 Offences by companies
- 57 Proof of entries in records of documents
- 58 Punishment for second and subsequent offences