Section 80A
Serious fraudulent tax evasion
(1)
Any person who wilfully with intent to evade or to assist any other person to evade tax —
(a)
prepares or maintains or authorises the preparation or maintenance of any false books of account or other records or
Income Tax
B.L.R.O. 1/2024 123
falsifies or authorises the falsification of any books of account or records; or
(b)
makes use of any fraud, art or contrivance or authorises the use of any such fraud, art or contrivance, is guilty of an offence for which, on conviction, he shall pay a penalty of four times the amount of tax which has been undercharged in consequence of the offence or which would have been undercharged if the offence had not been detected, and shall also be liable to a fine not exceeding $50,000, imprisonment for a term not exceeding 5 years or both.
(2)
Where an individual has been convicted of —
(a)
two or more offences under this section; or
(b)
one offence under this section and one offence under section 80, the imprisonment he shall be liable to shall not be less than 6 months.
(3)
Where in any proceedings under this section it is proved that any false statement or entry is made in any books of account or other records maintained by or on behalf of any person, that person shall be presumed, until the contrary is proved, to have made that false statement or entry with intent to evade tax.
(4)
The Collector may compound any offence against this section and may, before judgment, stay or compound any proceedings thereunder.