HomeDirect TaxOnce Income Tax Non-Payment Are Established, Mens Rea Presumed; Quash Plea Under...

Once Income Tax Non-Payment Are Established, Mens Rea Presumed; Quash Plea Under Section 482 CrPC/528 BNSS Not Maintainable: Madras High Court

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Madras High Court has held that once tax liability and non-payment are established, the presumption of culpable mental state (mens rea) arises against the accused, and the burden shifts on him to disprove the same beyond reasonable doubt. The bench of Justice M.Nirmal Kumar clarified that failure to rebut such presumption before the trial…

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

CESTAT Allows Classification of Food Seasoning Material Under Heading 3302, Quashes Reclassification Demand

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has...

Customs Duty Demand in Used Crane Imports Case Quashed Citing Lack Of Evidence of Undervaluation: CESTAT

The Mumbai Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has...

No Service Tax Payable Where Turnover Below Rs. 10 Lakh Threshold: CESTAT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai Bench, has set aside...

Bluetooth Earphones Classifiable as “Audio Devices”, Not Telecom Equipment: CESTAT

The New Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT)...

More like this

CESTAT Allows Classification of Food Seasoning Material Under Heading 3302, Quashes Reclassification Demand

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has...

Customs Duty Demand in Used Crane Imports Case Quashed Citing Lack Of Evidence of Undervaluation: CESTAT

The Mumbai Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has...

No Service Tax Payable Where Turnover Below Rs. 10 Lakh Threshold: CESTAT

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai Bench, has set aside...