OFFENCES AND PENALTY

Under Section 112 Failure to return or give notice of chargeability.

112(1) Penalty for default ; Any person who makes default in furnishing a return in accordance with section 77(1), if he does so without reasonable excuse, be guilty of an offence and shall, on conviction, be liable to a fine of not less than two hundred ringgit and not more than two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

112(2) Burden of proof on accused ; In any prosecution under subsection (1) the burden of proving that a return has been made or notice given shall be upon the accused person.

112(2A) Court order ; Where a person has been convicted of an offence under subsection (1), the court may take a further order that the person shall comply with the relevant provision of this Act under which the offence has been committed within thirty days, or such other period as the court deems fit, from the date the order is made.

112(3) Penalty for default where no presecution ; Where in relation to a year of assessment a person makes default in furnishing a return in accordance with section 77(1) or 77A(1) or in giving a notice in accordance with section 77(3) and no prosecution under subsection (1) has been instituted in relation to that default.
a) the Director General may require that person to pay penalty equal to treble the amount of the tax which, before any set-off, repayment or relief under this Act, is payable for that year: and
b) if that person pays that penalty (or, where the penalty is abated or remitted under section 124(3), so much, if any, of the penalty as has not been abated or remitted), he shall not be liable to be charged on the same facts with an offence under subsection (1).