Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Presumption of culpable mental state requires the accused to rebut it; factual proof must satisfy beyond reasonable doubt. A statutory presumption requires the court to assume the accused possessed the requisite culpable mental state (including intention, motive, knowledge, belief, or reason to believe) in prosecutions under the Income-tax Act for offences requiring such an element, while allowing the accused a defence to prove absence of that mental state. The section also mandates that facts are proved only when the court is satisfied beyond reasonable doubt, not by mere preponderance of probability.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumption of culpable mental state requires the accused to rebut it; factual proof must satisfy beyond reasonable doubt.
A statutory presumption requires the court to assume the accused possessed the requisite culpable mental state (including intention, motive, knowledge, belief, or reason to believe) in prosecutions under the Income-tax Act for offences requiring such an element, while allowing the accused a defence to prove absence of that mental state. The section also mandates that facts are proved only when the court is satisfied beyond reasonable doubt, not by mere preponderance of probability.
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