https://www.taxtmi.com/caselaws?id=457374 Non-filing of a written statement to a counter-claim may amount to an admission of pleaded facts, but it does not relieve the counter-claimant from proving title or other entitlement by admissible evidence on a preponderance of probability. The defaulting party is not wholly barred from participating: it may cross-examine the counter-claimant and address arguments, though without leading independent evidence and only to test the truth and weaknesses of the opposing case. On the facts, the evidence did not establish ownership, purchase from personal funds, or benami ownership, so the counter-claim failed and the concurrent findings were affirmed. en-us Mon, 07 Mar 2022 00:00:00 +0530 Wed, 18 Sep 2024 13:32:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457374 Non-filing of a written statement to a counter-claim may amount to an admission of pleaded facts, but it does not relieve the counter-claimant from proving title or other entitlement by admissible evidence on a preponderance of probability. The defaulting party is not wholly barred from participating: it may cross-examine the counter-claimant and address arguments, though without leading independent evidence and only to test the truth and weaknesses of the opposing case. On the facts, the evidence did not establish ownership, purchase from personal funds, or benami ownership, so the counter-claim failed and the concurrent findings were affirmed. Case-Laws Benami Property Mon, 07 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457374