Reassessment for unreturned property sales survives where transfer information, non-filing, and unsupported exemption claims establish a prima facie l...
Profit-element taxation limits additions for unaccounted flat-sale receipts and grey-market purchases, while reliable search records support partial a...
Non-participating bidders cannot disturb concluded liquidation sales on speculative prejudice, while costs for such challenges must remain proportiona...
The High Court acquitted the petitioner of the charge u/s 278 of the Income Tax Act for abetting the filing of false returns. The court held that the prosecution failed to prove the foundational facts of abetment by the petitioner of the assessee Munilal Devi. The non-examination of Munilal Devi as a witness was crucial, as her reply in the show cause notice blaming the petitioner could not be tested through cross-examination. The presumption of culpable mental state u/s 278E could not be invoked without proving the foundational facts beyond reasonable doubt. The conviction was set aside, and the petitioner was acquitted and discharged.
The High Court acquitted the petitioner of the charge u/s 278 of the Income Tax Act for abetting the filing of false returns. The court held that the prosecution failed to prove the foundational facts of abetment by the petitioner of the assessee Munilal Devi. The non-examination of Munilal Devi as a witness was crucial, as her reply in the show cause notice blaming the petitioner could not be tested through cross-examination. The presumption of culpable mental state u/s 278E could not be invoked without proving the foundational facts beyond reasonable doubt. The conviction was set aside, and the petitioner was acquitted and discharged.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
