| COURT: | Supreme Court |
| CORAM: | A.K. Sikri J., Rohinton Fali Nariman J. |
| SECTION(S): | 143(1A) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Retrospective amendment, tax evasion |
| COUNSEL: | Neeraj Kaul |
| DATE: | March 24, 2015 (Date of pronouncement) |
| DATE: | March 25, 2015 (Date of publication) |
| AY: | 1989-90, 1991-92 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 143(1A): As the object of s. 143 (1A) is to prevent tax evasion, it can apply only to tax evaders and not to honest assessees. The burden of proving that the assessee stated a lesser amount in the return in an attempt to evade tax is on the revenue | |
The object of Section 143 (1A) is the prevention of tax evasion. Read literally, both honest asessees and tax evaders are caught within its net. We feel that since the provision has the deterrent effect of preventing tax evasion, it should be made to apply only to tax evaders. Section 143 (1A) can only be invoked where it is found on facts that the lesser amount stated in the return filed by the assessee is a result of an attempt to evade tax lawfully payable by the assessee. The burden of proving that the assessee has so attempted to evade tax is on the revenue
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