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april 2009

Supreme Court of India · 2009-04-21

UNION OF INDIA vs M/S. KRISHNA PROCESSORS

Citation / case number
SC 2002/23987
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S. KRISHNA PROCESSORS

Judgment text excerpt

The Supreme Court interpreted Section 7(5) of the Entry Tax Act, establishing that the non-submission of statements can lead to a rebuttable presumption of facilitating tax evasion. The Court clarified that the burden of proof lies with the registered dealer to demonstrate that non-submission was not intentional. It held that the penalty under this section is discretionary and not ultra vires, thereby affirming the validity of the section. The matter was referred to a larger bench due to conflicting opinions in previous judgments regarding the interpretation of civil liability under Section 271(1)(c) of the Income Tax Act.

UNION OF INDIA vs M/S. KRISHNA PROCESSORS · Niyam