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july 1987

Supreme Court of India · 1987-07-31

SIR SHADI LAL SUGAR AND GENERAL MILLSLTD. & ANR. vs COMMISSIONER OF INCOME TAX, DELHI.

Citation / case number
SC 1974/60402
Court
Supreme Court of India
Petitioner
SIR SHADI LAL SUGAR AND GENERAL MILLSLTD. & ANR.
Respondent
COMMISSIONER OF INCOME TAX, DELHI.
Bench
MUKHARJI, SABYASACHI (J)

Judgment text excerpt

The Supreme Court held that in income tax references, the High Court can review findings of fact only if there is no evidence to support them or if they are perverse, as per Section 256 of the Income Tax Act, 1961. The Court clarified that mere acceptance of income by the assessee does not automatically imply concealment, and the onus of proving concealment lies with the Revenue. The Court allowed the appeal, emphasizing that the High Court's interference with factual findings must be based on a lack of evidence or perverse conclusions.

SIR SHADI LAL SUGAR AND GENERAL MILLSLTD. & ANR. vs COMMISSIONER OF INCOME TAX, DELHI. · Niyam