§ 491
Chapter XXII — Offences And Prosecution
Prosecution to be at instance of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner
Income-tax Act, 2025
✍️ A plain-language summary of this section is being prepared. Below is the official text.
📜 Official text
491. (1) A person shall not be proceeded against for an offence under section 473,
474, 475, 476, 477, 478, 479, 480, 481, 482, 483 or 484 except with the pre -
vious sanction of the Principal Commissioner or Commissioner or Commissioner
(Appeals) or Joint Commissioner (Appeals).
(2) The Principal Chief Commissioner or Chief Commissioner or Principal Director
General or Director General may issue such instructions or directions to the in -
come-tax authorities mentioned in sub-section (1) as he may deem fit for institution
of proceedings under that sub-section.
(3) A person shall not be proceeded against for an offence under section 478 or 482
in relation to the assessment for a tax year in respect of which the penalty imposed
or imposable on him under section 439 has been reduced or waived by an order
under section 469.
(4) Any offence under this Chapter may be compounded, either before or after
the institution of proceedings, by the Principal Chief Commissioner or Chief
Commissioner or a Principal Director General or Director General.
(5) Where any proceeding has been taken against any person under sub-section (1),
any statement made or account or other document produced by such person before
any income-tax authority specified in section 236(a) to (k) shall not be inadmissible
as evidence for the purpose of such proceedings merely on the ground that—
( a) such statement was made or such account or document was produced in
the belief that the penalty imposable would be reduced or waived, under
section 469; or
( b) the offence for which such proceeding was taken would be compounded.
(6) The power of the Board to issue orders, instructions or directions under this Act
shall include the power to issue instructions or directions (including instructions
or directions to obtain the previous approval of the Board) to other income-tax
authorities for the proper composition of offences under this section.
Certain offences to be non-cognizable.
Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.
Related sections
§ 473Whoever contravenes any order referred to in section 247(4) shall be§ 474If a person, who is required to afford the authorised officer with the necessary§ 475Removal, concealment, transfer or delivery of property to prevent tax recovery§ 476Failure to pay tax to credit of Central Government under Chapter XIX-B§ 477Failure to pay tax collected at source§ 478Wilful attempt to evade tax, etc