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may 2007

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.

Commissioner Of Income Tax vs P. Mohanakala · Niyam