95.
—(1) Subject to the provisions of Part XVIII, every person who —
(a)
makes an incorrect return by omitting or understating any income of which he is required by this Act to make a return;
[43/2008 wef 16/12/2008]
(b)
gives any incorrect information in relation to any matter affecting his own liability to tax or the liability of any other person or of a partnership; or
[43/2008 wef 16/12/2008]
(c)
fails to comply with section 76(8),
[43/2008 wef 16/12/2008]
shall be guilty of an offence for which, on conviction, he shall pay a penalty equal to the amount of tax which has been undercharged in consequence of such incorrect return or information or failure, or which would have been so undercharged if the return or information had been accepted as correct or if a notice had not been provided in accordance with section 76(8).
[4/75]
[43/2008 wef 16/12/2008]
(2) Every person who without reasonable excuse or through negligence —
(a)
makes an incorrect return by omitting or understating any income of which he is required by this Act to make a return;
[43/2008 wef 16/12/2008]
(b)
gives any incorrect information in relation to any matter affecting his own liability to tax or the liability of any other person or of a partnership; or
[43/2008 wef 16/12/2008]
(c)
fails to comply with section 76(8),
shall be guilty of an offence for which, on conviction, he shall pay a penalty equal to double the amount of tax which has been undercharged in consequence of such incorrect return or information or failure, or which would have been so undercharged if the return or information had been accepted as correct or if a notice had not been provided in accordance with section 76(8), and shall also be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.
[43/2008 wef 16/12/2008]
(3) The Comptroller may compound any offence punishable under subsection (1) or (2), and may before judgment stay or compound any proceedings thereunder.