Power of Settlement Commission to grant
immunity from prosecution and penalty.
245H. (1) The Settlement
Commission may, if it is satisfied that any person who made the application for
settlement under section 245C has co-oper-ated
with the Settlement Commission in the proceedings before it and has made a full
and true disclosure of his income and the manner in which such income has been
derived, grant to such person, subject to such conditions as it may think fit
to impose, 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 8[(either wholly or in
part)] from the imposition of any penalty under this Act, with respect to the
case covered by the settlement :
9[Provided that no such immunity shall be
granted by the Settlement Commission in cases where the proceedings for the
prosecution for any such offence have been instituted before the date of
receipt of the application under section 245C :]
10[Provided further that the Settlement Commission shall not
grant immunity from prosecution for any offence under the Indian Penal Code (45
of 1860) or under any Central Act other than this Act and the Wealth-tax Act,
1957 (27 of 1957) to a person who makes an application under section 245C on or after the 1st day of June, 2007.]
9[(1A) An immunity
granted to a person under sub-section (1) shall stand withdrawn if such person
fails to pay any sum specified in the order of settlement passed under
sub-section (4) of section 245D within the time specified
in such order or within such further time as may be allowed by the Settlement
Commission, or fails to comply with any other 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.]
(2) An immunity granted to
a person under sub-section (1) may, at any time, be withdrawn by the Settlement
Commission, if it is satisfied that such person 11[* * *] had, in the course
of the settlement proceedings, concealed any particulars material to the
settlement 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
settlement and shall also become liable to the imposition of any penalty under
this Act to which such person would have been liable, had not such immunity
been granted.