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Lohith YC   29 October 2023

Tax not paid for the earnings but acquired self acquired property from the business

In OS case, a defendant or plaintiff who has not provided any evidence for his earnings during cross examination admits that he has not paid any GST or CST or not taken any panchayat permission or has PAN / TIN for conducting business of worth 50k profit per month for a period of 25 years. Also admit that he has acquired self acquired property from same the business and hence the property in the discussion is not ancestral property or belongs to HUF.

Does his claim as self acquired property are valid in the law ?

Can court consider as tax evasion and punish the person ?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     29 October 2023

The court will concentrate on the subject or the case pending before it and it will not go beyond the case.

The tax evasion is not the subject before it.

If the person has a valid registered title document in his posession and is in possession and enjoyment of the property declared as his self acquired property, then the court will pass an order on merits of the case. 


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