{"act":{"id":"finance-act-1991","short_title":"The Finance Act, 1991","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 1991-1992.","act_number":"49","act_year":1991,"enact_date":null,"enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":120,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-1991/"},"unit":"section","section":{"number":"70","heading":"Amendment of section 279","text":"Amendment of section 279. 70. In section 279 of the Income-tax Act,-— (a) for sub-section (2), the following sub-section shall be substituted, with effect from the 1st day of October, 1991, namely:— '(1) A person shall not be proceeded against for an offence under section 275A, section 276, section 276A, section 276B, section 276BB, section 276C, section 276CC, section 276D, section 277 or section 278 except with the previous sanction of the Commissioner or Commissioner (Appeals) or the appropriate authority: Provided that the Chief Commissioner or, as the case may be, Director General may issue such instructions or directions to the aforesaid income-tax authorities as he may deem fit for institution of proceedings under this sub-section. Explanation.—For the purposes of this section, \"appropriate authority\" shall have the same meaning as in clause (c) of section 269UA.'; (b) for sub-section (2), the following sub-section shall be substituted, with effect from the 1st day of October, 1991, namely:— \"(2) Any offence under this Chapter may, either before or after the institution of proceedings, be compounded by the Chief Commissioner or Director General.\"; (c) after sub-section (3), the following Explanation, shall be inserted and shall be deemed always to have been inserted, namely:— \"Explanation.—For the removal of doubts, it is hereby declared that the power of the Board to issue orders, instructions or directions under this Act shall include and shall be deemed always to have included the power to issue instructions. or directions (including instructions or directions to obtain the previous approval of the Board) to other income-tax authorities far the proper composition of offences under this section.\". [Finance (No. 2) Act, 1991] © Copyright. Taxmann Publications Pvt. Ltd.","html":"<p><b>Amendment of section 279.</b></p><p><b>70.</b> In section 279 of the Income-tax Act,-—</p><p>(<i>a</i>) for sub-section (<i>2</i>), the following sub-section shall be substituted, with effect from the 1st day of October, 1991, namely:—</p><p>'(<i>1</i>) A person shall not be proceeded against for an offence under section 275A, section 276, section 276A, section 276B, section 276BB, section 276C, section 276CC, section 276D, section 277 or section 278 except with the previous sanction of the Commissioner or Commissioner (<i>Appeals</i>) or the appropriate authority:</p><p>Provided that the Chief Commissioner or, as the case may be, Director General may issue such instructions or directions to the aforesaid income-tax authorities as he may deem fit for institution of proceedings under this sub-section.</p><p><i>Explanation.</i><i>—</i>For the purposes of this section, \"appropriate authority\" shall have the same meaning as in clause (<i>c</i>) of section 269UA.';</p><p>(<i>b</i>) for sub-section (<i>2</i>), the following sub-section shall be substituted, with effect from the 1st day of October, 1991, namely:—</p><p>\"(<i>2</i>) Any offence under this Chapter may, either before or after the institution of proceedings, be compounded by the Chief Commissioner or Director General.\";</p><p>(<i>c</i>) after sub-section (<i>3</i>), the following Explanation, shall be inserted and shall be deemed always to have been inserted, namely:—</p><p><i>\"Explanation.</i><i>—</i>For the removal of doubts, it is hereby declared that the power of the Board to issue orders, instructions or directions under this Act shall include and shall be deemed always to have included the power to issue instructions. or directions (including instructions or directions to obtain the previous approval of the Board) to other income-tax authorities far the proper composition of offences under this section.\".</p><p>[Finance (No. 2) Act, 1991]</p><p>© Copyright. Taxmann Publications Pvt. Ltd.</p>","words":277,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-1991/section/70/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}