What is the meaning Receipt to be given? What is
Indemnity? What is Power to tender immunity from prosecution? Section 289,
290 and 291 of Income Tax Act 1961
Receipt to be given, Indemnity and Power to tender
immunity from prosecution are defined under section 289, 290 and 291 of Income Tax Act 1961. Provisions under these Sections
Section 289 of Income Tax Act "Receipt to be
Section 289. A receipt shall be given for any money paid
or recovered under this Act.
Section 290 of Income Tax Act "Indemnity"
Section 290. Every person deducting, retaining, or paying
any tax in pursuance of this Act in respect of income
belonging to another person is hereby indemnified for the
deduction, retention, or payment thereof.
Section 291 of Income Tax Act "Power to tender
immunity from prosecution"
Section 291. (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 income or to the evasion of payment of tax on
income 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 income or
evasion of payment of tax on income.
(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 willfully 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have been withdrawn, and any such person may be tried for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.