Supreme Court of India

Chuharmal S/0 Takarmal Mohnani v. Commissioner of Income-tax, M.P., Bhopal

Neutral citation
Reported as [1988] 3 S.C.R. 788
Bench Sabyasachi Mukherji J.
Decided 2 May 1988

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that this is a correct approach and follow­ ing this principle the High Court in the instant case was right in holding that the value of the wrist-watches represented the concealed income of the assessee.

Judgment, page 7

From the headnote

Income Tax Act, 1961: Sections 69A and 271(1)(c) Explana­ tion-Assessee--Customs authorities seizing foreign watches from assessee's bedroom-Assessee not showing that he was not owner­ Value of watches-Whether 'deemed income'-Assessable to tax. Penalty-Income returned less than 80% of income assessed­ Penalty can be imposed. Indian Evidence Act, 1872: Section 110-Normally title follows possession-Person shown to be in possession-Owner-Onus of prov­ ing that he is not owner is on person who affirms he is not owner­ Applicability of principle to income tax proceedings. Petitioner is the

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