Section 35I - Prosecutions to be with the previous sanction of certain wealth-tax authorities and their power to compound offences - Wealth Tax Act, 1957

1 [ Prosecutions to be with the previous sanction of certain wealth-tax authorities and their power to compound offences. 35-I 2 [(1) A person shall not be proceeded against for an offence under this Act except with the previous sanction of the Commissioner or Commissioner (Appeals): Provided that the Chief Commissioner or, as the case may be, Director General may issue such instructions or directions to the aforesaid wealth-tax authorities as he may deem fit for institution of proceedings under this sub-section.] (2) Any such offence may, either before or after the insti tution of proceedings, be compounded by the Chief Commissioner or a Director General.]] 3 [ Explanation . For the removal of doubts, it is hereby declared that the power of the Board to issue orders, instruc tions or directions under this Act shall include and shall be deemed always to have included the power to issue instructions or directions (including instructions or directions to obtain the previous approval of the Board) to other wealth-tax authorities for the proper composition of offences under this section.] ----------------------- Notes:- 1. Substituted vide Finance Act, 1988, w.e.f. 1-4-1989. 2. Substituted vide Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. Before substitution, sub-sections (1) and (2), as substituted by the Finance Act, 1988, w.e.f. 1-4-1989, stood as under : "(1) A person shall not be proceeded against for an offence under this Act except with the previous sanction of the Chief Commissioner or Director General or Commissioner: Provided that no such sanction shall be required if the prosecution is at the instance of the Commissioner (Appeals). (2) Any such offence may, either before or after the institution of proceedings, be compounded by ( a ) The Board or a Chief Commissioner or a Director General authorised by the Board in this behalf, in a case where the prosecution would lie at the instance of the Commissioner (Appeals); ( b ) The Chief Commissioner or Director General or Commissioner, in any other case." 3. Inserted vide Finance (No. 2) Act, 1991, w.r.e.f. 1-4-1975.