Clause 273 - Power to tender immunity from prosecution - Direct Taxes Code Bill, 2009

Power to tender immunity from prosecution 273. (1) The Central Government may tender immunity to any person from- (a) prosecution for any offence under this Code, the Indian Penal Code, or any other Central Act for the time being in force; and (b) the imposition of any penalty under this Code. (2) The immunity under sub-section (1) shall be granted by the Central Government, if- (a) the person makes a full and true disclosure of the whole circumstances relating to the concealment of income or evasion of payment of tax on income; (b) it is of the opinion that it is necessary, or expedient, so to do; and (c) the reasons for the opinion is recorded in writing. (3) A tender of immunity made to, and accepted by, the person concerned, shall, to the extent to which the immunity extends, render him immune from- (a) prosecution for any offence in respect of which the tender was made; or (b) the imposition of any penalty under this Code. (4) The immunity granted under this section shall be deemed to have been withdrawn, if the Central Government records a finding to the effect that the person to whom the immunity has been tendered has - (a) willfully concealed any particular which has the effect of altering the opinion formed under sub-section (2); (b) given any false evidence; or (c) not complied with any condition on which the tender was made. (5) The person, whose immunity has been withdrawn under sub-section (4), may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter and shall also become liable to the imposition of any penalty under this Code to which he would otherwise have been liable.