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Updated: Share Article AAA There is no presumption under law that every unaccounted transaction would lead to imposition of tax, and therefore, no prosecution can be launched on the ground of “attempt to evade such tax, penalty and interest”, until and unless it is determined that the unaccounted transactions unearthed during search were liable for payment of tax, penalty or interest, the High Court of Karnataka has said. Justice John Michael Cunha made these observations in his April 5 order dismissing revision petition filed by the Income Tax Department challenging the February 28, 2019, order of a Special Court in discharging former Minister D.K. Shivakumar from income tax evasion case.

Justice john michael cunhaIt departmentIncome tax departmentHigh courtJohn michael cunhaSpecial courtIncome tax actI tax actIt actEconomic offencesEconomic offenceDeputy directorWit investigationsநீதி ஜான் மைக்கேல் கந்ஹஅது துறைவருமானம் வரி துறை