Supreme Court · 2013 INSC 735 · Decided 30 October 2013

Mak Data P. LTD. v. Commissioner of Income Tax-Ii

Court
Supreme Court of India
Citation
2013 INSC 735 · [2013] 10 S.C.R. 570
Case number
CIVIL APPEAL No. 9772/2013
Decided
30 October 2013
Bench
K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 271, 143(2), 142(1), 271(1)(c)

Headnote

Income Tax Act, 1961 - s.271 rlw s.274 - Explanation 1 to s.271(1)(c) - Scope of - Concealment of income - Penal C proceedings against appellant - Challenge to - Held: Explanation to s.271(1) raises a presumption of concealment, when a difference is noticed by the AO, between reported and assessed on the assessee to show otherwise, by cogent and reliable evidence - When the initial D onus placed by the Explanation, is discharged by him, the onus shifts on the Revenue to show that the amount in question constituted the income and not otherwise - The law does not provide that when an

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