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14 1980

FINANCE ACT, 1980

Chapter VIII

Anti-evasion

Amendment of section 516 (penalty for false statement made to obtain allowance) of Income Tax Act, 1967.

59. —In relation to offences committed after the passing of this Act, the following section shall be substituted for section 516 of the Income Tax Act, 1967 :

“516.—A person who—

(a) knowingly makes any false statement or false representation—

(i) in any return or statement made with reference to tax, or

(ii) for the purpose of obtaining any allowance, reduction, rebate or repayment of tax either for himself or for any other person,

or

(b) knowingly and wilfully aids, abets, assists, incites or induces another person—

(i) to make or deliver a false or fraudulent account, return, list, declaration or statement with reference to property, profits or gains or to tax, or

(ii) unlawfully to avoid liability to tax by failing to disclose the full amount of his income from all sources,

shall be guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months.”.

Amendment of section 34 (inspection of documents and records) of Finance Act, 1976.

60. Section 34 of the Finance Act, 1976 , is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) (a) An authorised officer may at all reasonable times enter any premises or place where any trade or profession is carried on or anything is done in connection with the trade or profession and—

(i) may require the person carrying on the trade or profession, or any person on those premises or in that place who is employed by the person carrying on the trade or profession, to produce any books, records, accounts or other documents relating to the trade or profession and may remove and retain any such books, records, accounts or other documents relating to the trade or profession for such period as may be reasonable for their examination,

(ii) may examine any such books, records, accounts or other documents and may take copies of or extracts from the books, records, accounts or other documents,

(iii) may examine any property listed in any balance sheets, stock sheets or other such statements,

(iv) may require the person carrying on the trade or profession, or any person on those premises or in that place, who is employed by the person carrying on the trade or profession, to give the authorised officer all reasonable assistance.

(b) Nothing in this subsection shall be construed as requiring any person carrying on a profession, or any person employed by any person carrying on a profession, to produce to an authorised officer any documents relating to a client, other than such documents—

(i) as pertain to the payment of fees to the person carrying on the profession or to other financial transactions of the person carrying on the profession, or

(ii) as are otherwise material to the tax liability of the person carrying on the profession,

and, in particular, he shall not be required to disclose any information or professional advice of a confidential nature given to a client.”.