35[Power of Commissioner to grant immunity from prosecution.
278AB. (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 245C and the proceedings for settlement have
abated under section 245HA.
application to the Commissioner under sub-section (1) shall not be made after
institution of the prosecution proceedings after abatement.
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 income-tax authority in the proceedings before him and has made a full and
true disclosure of his income and the manner in which such income has been
Provided that where the application for settlement
under section 245C 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.
immunity granted to a person under sub-section (3) shall stand withdrawn, if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.
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withdrawn by the Commissioner, if he is satisfied that such person had, in the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 income-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.]