Supreme Court of India · 2007-05-15
Commissioner Of Income Tax vs P. Mohanakala
- Citation / case number
- AIR 2007 SUPREME COURT 2116
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Income Tax
- Respondent
- P. Mohanakala
- Author
- B.Sudershan Reddy
- Bench
- S.H. Kapadia, B. Sudershan Reddy
Judgment text excerpt
The Supreme Court held that the Income Tax Appellate Tribunal's reliance on the principle of preponderance of probabilities under Section 68 of the Income Tax Act, 1961, was justified in determining the genuineness of foreign gifts received by the assessees. The Court affirmed that the burden of proof under Section 6B was not discharged by the assessees, leading to the conclusion that the gifts were not genuine. Consequently, the appeals against the Madras High Court's judgment were dismissed, upholding the Tribunal's findings.