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        Case ID :
        Income Tax

        A false refund claim in an income-tax return, supported by...

        Presumption of culpable mental state upheld where false refund claim based on fabricated housing-loan documents was proved

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                          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.
                                A false refund claim in an income-tax return, supported by fabricated housing-loan documents, attracted prosecution under Section 277. The evidence of the complainant and bank officer proved that the claimed loan documents were false and that no housing loan existed in the taxpayer's name. Once the false statement in the return was established, Section 278E required a presumption of culpable mental state, which was not rebutted because no defence evidence was led and the explanation to the notice was rejected. The concurrent findings were found free from legal infirmity, so the conviction, sentence, and revision dismissal were upheld.
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