https://www.taxtmi.com/caselaws?id=39737 The Explanation to section 271(1)(c) of the Income-tax Act creates a statutory presumption of concealment where returned income falls below the prescribed percentage of assessed income, shifting the burden to the assessee to prove that the shortfall did not arise from fraud or gross or wilful neglect. The Tribunal had taken the view that the Revenue must independently prove concealment and that a false or unexplained return was not enough. The High Court treated the allocation of burden and the effect of the Explanation as a question of law and directed the Tribunal to state the case and refer the question for opinion. en-us Fri, 26 Apr 1974 00:00:00 +0530 Tue, 20 Apr 2010 10:23:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39737 The Explanation to section 271(1)(c) of the Income-tax Act creates a statutory presumption of concealment where returned income falls below the prescribed percentage of assessed income, shifting the burden to the assessee to prove that the shortfall did not arise from fraud or gross or wilful neglect. The Tribunal had taken the view that the Revenue must independently prove concealment and that a false or unexplained return was not enough. The High Court treated the allocation of burden and the effect of the Explanation as a question of law and directed the Tribunal to state the case and refer the question for opinion. Case-Laws Income Tax Fri, 26 Apr 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39737