Supreme Court · 1988 INSC 126 · Decided 2 May 1988
Chuharmal S/0 Takarmal Mohnani v. Commissioner of Income-Tax, M.P., Bhopal
- Court
- Supreme Court of India
- Citation
- 1988 INSC 126 · [1988] 3 S.C.R. 788
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 1863/1986
- Decided
- 2 May 1988
- Bench
- SABYASACHI MUKHERJI, S. RANGANATHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 110; Income Tax Act Section 69A, 271(1)(c); Customs Act
Headnote
Income Tax Act, 1961: Sections 69A and 271(1)(c) Explana­ tion-Assessee--Customs authorities seizing foreign watches from assessee's bedroom-Assessee not showing that he was not owner­ Value of watches-Whether 'deemed income'-Assessable to tax. Penalty-Income returned less than 80% of Section 110-Normally title follows D possession-Person shown to be in possession-Owner-Onus of prov­ ing that he is not owner is on person who affirms he is not owner­ Applicability of principle to income tax proceedings. Petitioner is the assessee. For the assessment year 1974-75 he
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