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of <h1>High Court clarifies requirements for Income-tax Act SS52(2) application, emphasizing burden of proof on Revenue</h1> The High Court of Gujarat held that section 52(2) of the Income-tax Act requires proof of tax avoidance to be applicable. Relying on the precedent in K. ... Earned Income, Income Tax Act, Jurisdiction Of High Court, Writ Petition The High Court of Gujarat ruled that section 52(2) of the Income-tax Act could not be applied in the absence of proof of tax avoidance. The court cited the decision in K. P. Varghese v. ITO [1981] 131 ITR 597, stating that the burden of proof lies with the Revenue to show understatement of consideration. As a result, the court ruled against the Revenue and in favor of the assessee.
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