97[Power of Commissioner to grant immunity from prosecution.
35GA. (1) A person may make
an application to the Commissioner for granting immunity from prosecution, if
he has made an application for settlement under section 22C and the
proceedings for settlement have abated under section 22HA.
(2) The
application to the Commissioner under sub-section (1) shall not be made after
institution of the prosecution proceedings after abatement.
(3) The
Commissioner may, subject to such conditions as he may think fit to impose,
grant to the person immunity from prosecution for any offence under this Act,
if he is satisfied that the person has, after the abatement, co-operated with
the wealth-tax authority in the proceedings before him and has made a full and
true disclosure of his net wealth and the manner in which such net wealth has
been derived :
Provided that where the application for settlement
under section 22C had been made before the 1st day of June, 2007, the Commissioner
may grant immunity from prosecution for any offence under this Act or under the
Indian Penal Code (45 of 1860) or under any other Central Act for the time
being in force.
(4) The
immunity granted to a person under sub-section (3) shall stand withdrawn, if
such person fails to comply with any condition subject to which the immunity
was granted and thereupon the provisions of this Act shall apply as if such
immunity had not been granted.
(5) The immunity
granted to a person under sub-section (3) may, at any time, be withdrawn by the
Commissioner, if he is satisfied that such person had, in the course of any
proceedings, after abatement, concealed any particulars, material to the
assessment, from the wealth-tax authority or had given false evidence, and
thereupon such person may be tried for the offence with respect to which the
immunity was granted or for any other offence of which he appears to have been
guilty in connection with the proceedings.]
