87[Power to tender immunity from prosecution.
36A. (1) The
Central Government may, if it is of opinion (the reasons for such opinion being
recorded in writing) that with a view to obtaining the evidence of any person
appearing to have been directly or indirectly concerned in or privy to the
concealment of particulars of net wealth or to the evasion of payment of tax on
net wealth, it is necessary or expedient so to do, tender to such person
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 and also from the imposition of
any penalty under this Act on condition of his making a full and true disclosure
of the whole circumstances relating to the concealment of particulars of net
wealth or evasion of payment of tax on net wealth.
(2) 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 prosecution for any offence in respect of which the tender was
made or from the imposition of any penalty under this Act.
(3) If it appears to the Central Government that any
person to whom immunity has been tendered under this section has not complied
with the condition on which the tender was made or is wilfully concealing
anything or is giving false evidence, the Central Government may record a
finding to that effect, and thereupon the immunity shall be deemed to have been
withdrawn, and any such person may be tried for the offence in respect of which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 Act to which he would
otherwise have been liable.]