Presumption of culpable mental state: accused may rebut by proving lack of intention, motive or knowledge beyond reasonable doubt. Section 278E establishes a rebuttable statutory presumption that a required culpable mental state-including intention, motive, knowledge, belief or reason to believe-exists in prosecutions under the Income-tax Act; the accused may defend by proving absence of that mental state. It further provides that a fact is proved only when the court believes it exists beyond reasonable doubt rather than by a 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: accused may rebut by proving lack of intention, motive or knowledge beyond reasonable doubt.
Section 278E establishes a rebuttable statutory presumption that a required culpable mental state-including intention, motive, knowledge, belief or reason to believe-exists in prosecutions under the Income-tax Act; the accused may defend by proving absence of that mental state. It further provides that a fact is proved only when the court believes it exists beyond reasonable doubt rather than by a preponderance of probability.
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