Income Tax (Petroleum) Act · 2022 Revised Edition · Part · Offences and Penalties
39. Penal provisions relating to fraud etc.
Official textFrom Attorney General's Chambers, unchanged
Any person who wilfully with intent to evade or to assist any other person to evade tax —
person
“person” means any individual or group of individuals and any company, corporation or other body;
omits from a return made under this Act any income or profits which should be included;
Income Tax (Petroleum)
makes any false statement or entry in any return made under this Act;
gives any false answer, whether verbally or in writing, to any question or request for information asked or made in accordance with the provisions of this Act;
prepares, maintains or authorises the preparation or maintenance of, any false books of account or other records, or falsifies or authorises the falsification of any books of account or records; or
makes use of any fraud, art or contrivance whatsoever or authorises the use of any such fraud, art or contrivance, is guilty of an offence and liable on conviction to a fine of $60,000 and treble the amount of tax which has been undercharged in consequence of each such offence, or would have been undercharged if any such return, statement, accounts or information had been accepted as correct, or would have been undercharged if such fraud, art or contrivance had not been detected, and to imprisonment for 3 years.
The Collector may compound any offence under this section and may before judgment stay or compound any proceedings thereunder:
Collector
“Collector” means the Collector of Income Tax appointed under section 3 and includes for all purposes of this Act, except the powers conferred on the Collector by sections 38, 39 and 42, a Deputy Collector so appointed;
Provided that any proceedings commenced with the sanction of the
Attorney General shall not be stayed or compounded without the consent of the Attorney General.
Terms defined in s 2
Collector
Defined · s 2“Collector” means the Collector of Income Tax appointed under section 3 and includes for all purposes of this Act, except the powers conferred on the Collector by sections 38, 39 and 42, a Deputy Collector so appointed;
person
Defined · s 2“person” means any individual or group of individuals and any company, corporation or other body;
petroleum
Defined · s 2“petroleum” means any mineral oil or relative hydrocarbon and natural gas existing in its natural condition and casing-head petroleum spirit but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;
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