If the 1[Assessing Officer], in the course of any proceedings under this Act, is satisfied that any person has, without reasonable cause, failed to furnish the return required under section 5, or to produce or cause to be produced the accounts, documents or other evidence required by the 1[Assessing Officer] under sub-section (1) of section 6, or has concealed the particulars of the chargeable profits or has furnished inaccurate particulars of such profits, he may direct that such person shall pay, by way of penalty, in addition to the amount of surtax payable, a sum not exceeding-
(a) where the person has failed to furnish the return required under section 5, the amount of 3[surtax chargeable under the Provisions of this Act];
(b) in any other case, the amount of surtax which would have been avoided if the return made had been accepted as correct: Provided that the 1[Assessing Officer] shall not impose any penalty under this section without the previous authority of the 4[Deputy Commissioner].
1. Subs. by Act 4 of 1988, s.187, for "Income-tax Officer" (w.e.f. 1-4-1988).
2. Subs. by Act 67 of 1984, s. 77, for "twelve per cent." (w.e.f. 1-10-1984).
3. Subs. by Act 26 of 1974, s. 20, for "surtax payable" (retrospectively).
4. Subs. by Act 4 of 1988, s. 187, for "Inspecting Assistant Commissioner" (w.e.f. 1-4-1988).