| COURT: | J&K High Court |
| CORAM: | Sanjay Kumar Gupta J |
| SECTION(S): | 276C, 277, 278E |
| GENRE: | Domestic Tax |
| CATCH WORDS: | mens rea, prosecution, stay of prosection proceedings |
| COUNSEL: | Sunil Sethi |
| DATE: | September 28, 2018 (Date of pronouncement) |
| DATE: | October 13, 2018 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Prosecution u/s 276-C/277: S. 278E carves out an exception to the rule of mens rea. The burden of proving the absence of mens rea is upon the accused. The absence needs to be proved not only to the basic threshold of “preponderance of probability” but “beyond reasonable doubt”. In every prosecution case, the Court shall always presume culpable mental state and it is for the accused to prove the contrary beyond reasonable doubt. This presumption is a rebuttable one | |
When a calculating tax dodger finds it a profitable proposition to carry on evading taxes over the years, if the only risk to which he is exposed is a monetary penalty in the year in which he happens to be caught. The public in general also tends to lose faith and confidence in tax administration when a tax evader is caught, but the administration lets him get away lightly after paying only a monetary penalty- when money is no longer a major consideration with him if it serves his business interest
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