https://www.taxtmi.com/caselaws?id=27082 The High Court held that mens rea must be established by the Revenue in penalty proceedings under section 271(1)(c) of the Income-tax Act, 1961. The Tribunal's presumption that deliberate concealment exists if returned income is less than 80% of assessed income was deemed outdated. In a case involving alleged suppression of sales and non-claimable expenditure, the Tribunal ruled that the Revenue failed to prove accurate additions to income, shifting the burden of proof to the assessee. The High Court directed the Tribunal to refer legal questions for opinion, indicating a changing legal landscape on penalties and burden of proof. en-us Thu, 09 May 1985 00:00:00 +0530 Wed, 10 Feb 2010 16:00:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=27082 The High Court held that mens rea must be established by the Revenue in penalty proceedings under section 271(1)(c) of the Income-tax Act, 1961. The Tribunal's presumption that deliberate concealment exists if returned income is less than 80% of assessed income was deemed outdated. In a case involving alleged suppression of sales and non-claimable expenditure, the Tribunal ruled that the Revenue failed to prove accurate additions to income, shifting the burden of proof to the assessee. The High Court directed the Tribunal to refer legal questions for opinion, indicating a changing legal landscape on penalties and burden of proof. Case-Laws Income Tax Thu, 09 May 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=27082