Section 78
Offences and penalties
(1)
Every person who without reasonable excuse —
(a)
fails to comply with the requirements of a notice given to him under any of the following sections or subsections —
section 52, 54, 55, 55A, 55B, 57(1), 57(2), 58, 59, 60(1), 60(2)
or 65(3);
(b)
fails to comply with the requirements of section 16C(6), 52 or 52A or with a direction given to him under section 75;
(c)
fails to attend in answer to a summons issued under section 65(3) or having attended fails without sufficient cause to answer any questions lawfully put to him; or
Income Tax 120
(d)
obstructs or hinders any officer acting in the discharge of his duty under this Act or any rules made thereunder, is guilty of an offence.
(2)
Any person guilty of an offence against this Act for which no other penalty is provided is liable on conviction to a fine of $10,000 and in default of payment to imprisonment for 12 months:
Provided that no person is liable to prosecution for an offence against this
Act in respect of failure to comply with the terms of any notice issued under the provisions of this Act or of any rules made thereunder unless such notice has been served on him personally or by registered post.
(3)
The Collector may compound any offence under this section and may, before judgment, stay or compound any proceedings thereunder.
(4)
Where any person has been convicted of an offence against section 55C and such conviction is a second or subsequent conviction in respect of the same information required for the same period, he is liable to a further penalty of $50 for every day during which the offence continues after such conviction.
(5)
Where any person has been convicted of an offence for failing to comply with any provision of section 52 or 60 and such conviction is a second or subsequent conviction in respect of the same year of assessment, he is liable to a further penalty of $50 for every day during which the offence continues after such conviction.