42. Offences and penalties.-
(1) Whoever, knowingly furnishes a false return shall, on conviction, be punished-
(i)in case where the amount of tax, which could have been evaded if the false return had been accepted as true, exceeds Rs. 10,000 with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine;
(ii)in any other case, with rigorous imprisonment for a term, which shall not be less than three months but which may extend to one year and with fine.
(2) Whoever knowingly keeps false account of the receipts in contravention of section 29, shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than three months but which may extend to one year and with fine.
(3) Whoever-
(i)wilfully attempts, in any manner whatsoever, to evade any tax leviable under this Act, or
(ii)wilfully attempts, in any manner whatsoever, to evade any payment of any tax or penalty or interest under this Act,
shall, on conviction, be punished -
(a)in case where the amount involved exceeds Rs. 50,000 during the period of a year, with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine;
(b)in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to one year and with fine.
(4) Whoever aids or abets any person in commission of any act specified in sub-sections (1) to (3) shall, on conviction be punished with rigorous imprisonment which shall not be less than three months but which may extend to one year and with fine.
(5) Whoever-
(a)carries on business without being registered in wilful contravention of section 8, or
(b)fails, without sufficient cause, to furnish any information required by section 10, or
(c)fails, without sufficient cause, to furnish any return as required by section 12 by the date and the manner prescribed, or
(d)contravenes, without reasonable cause, any of the provisions of section 27, or
(e)fails, without sufficient cause, to issue a bill or cash memorandum as required under section 28, or
(f)fails, without sufficient cause, when directed under section 29 to keep any accounts or record, in accordance with such direction, or
(g)fails, without sufficient cause, to comply with any requirements made of him under section 30, or
(h)voluntarily obstructs any officer making inspection or search or seizure under section 30,
shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine.
(6) Whoever commits any of the acts specified in sub-sections (1) to (5) and the offence is a continuing one under any of the provisions of these sub-sections, shall, on conviction, be punished with a daily fine of not less than rupees one hundred during the period of the continuance of the offence, in addition to the punishments provided under this section.
(7) Notwithstanding anything contained in sub-sections (1) to (6), no person shall be proceeded against under these sub-sections for the acts referred to therein, if the total amount of tax evaded or attempted to be evaded is less than Rs. 200 during the period of a year.
(8) Whoever, when required to furnish any information or return under section 32,-
(a)wilfully refuses or without lawful excuse neglects to furnish such information or return, or
(b)wilfully furnishes or causes to be furnished any information or return which he knows to be false, shall, on conviction, be punished with the fine which may extend to one hundred rupees and in case of a continuing offence to a further fine which may extend to ten rupees for each day after the first offence during which the offence continues.
(9)Whoever, when engaged in connection with the collection of statistics under section 32, wilfully discloses any information or the contents of any return given or made under that section, otherwise than in execution of his duties under that section or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
(10) Save as provided in sub-section (2) of section 43 any servant of the Government discloses any of the particulars referred to in sub-section (1) of that section, he shall, on conviction, be punished with imprisonment which may extend to six months or with fine or with both.
(11) No prosecution for an offence under this Act shall be instituted in respect of the same facts on which a penalty has been imposed by the Commissioner under any provisions of this Act.