The Gift-Tax Act, 1958
17A. Penalty for failure to answer questions, sign statements, etc.
- If a person,-
- being legally bound to state the truth of any matter touching the subject
of his assessment, refuses to answer any question demanded of him by a Gift-tax
Officer or an
Appellate Assistant Commissioner or an Inspecting Assistant
Commissioner 6[or a Commissioner (Appeals)] or a Commissioner in the exercise
of his powers under this Act, or
- refuses to sign any statement made by him in the course of any proceeding
under this Act which a Gift-tax Officer or an Appellate Assistant Commissioner
or an Inspecting
Assistant Commissioner 6[or a Commissioner (Appeals)] or a
Commissioner may legally require him to sign,
he shall pay, by way of penalty, a sum which may extend to one thousand rupees.
- If a person, without reasonable cause or excuse, fails to furnish within the
time specified any statement or information which such person is bound to
furnish to the Gift-tax Officer under section
37, he shall pay, by way of penalty, a sum which may extend to ten rupees for
every day during which the failure continues.
- No order shall be made under this section except by an
Appellate Assistant Commissioner or an Inspecting Assistant
Commissioner or 6[or a commissioner (Appeals)] or a Commissioner , and where a
contravention, failure or default for which any penalty is impossible under
this section occurs in the course of any proceeding before a Gift-tax Officer,
the Gift-tax Officer shall refer the case to the Inspecting Assistant Commissioner
for passing such orders as he deems fit.
- No order under this section shall be passed by any officer,
referred to in sub-section (3) unless the person on whom the penalty is
proposed to be imposed is given an opportunity of being heard in the matter by
such officer.]
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