4 Non-application of sections 2 (5) and 3 (4).

(1) The provisions of sections 2 (5) and 3 (4) shall not apply, and those provisions shall be deemed never to have applied, to a person where—

(a) such person fails—

(i) if he is an individual, for the year of assessment 1992-93, or

(ii) in any other case, for any accounting period ending in the year beginning on the 1st day of January, 1993, and ending on the 31st day of December, 1993,

to duly deliver a return of income on or before the specified date in relation to that return, or

(b) (i) a declaration given by such person to the Chief Special Collector under subsection (3) (a) of section 2 —

(I) did not contain a full and true statement of the kind referred to in subparagraph (iii) of the said subsection, or

(II) is proven to be false in so far as the requirements of subparagraph (iv) of the said subsection are concerned,

or

(ii) a declaration given by him to the Chief Special Collector under subsection (6) (b) of section 3 did not contain a full and true statement of the kind referred to in subparagraph (III) of the said subsection, or

(c) the amount paid or remitted by him in respect of arrears of tax was less than the arrears of tax due and payable by him,

and any certificate issued to that person pursuant to section 2 (4) or section 3 (6) (c) shall be null and void.

(2) Where, by virtue of this section, section 2 (5) does not apply and is deemed never to have applied to an individual, the amount paid by him as the settlement amount shall be treated as a payment on account of relevant tax.

(3) (a)In subsection (1) “return of income” and “specified date” have the meanings assigned to them by section 48 of the Finance Act, 1986.

(b) The provisions of subsection (1) (b) of section 48 of the Finance Act, 1986, shall apply for the purposes of subsection (1) (a) of this section as they apply for the purposes of that section.