In CRR 5263/2018, Shrimati Ragini Gupta vs. Piyush Dutt Sharma, the issue before the Madhya Pradesh High Court was one of cheque dishonour and the accused had disputed the claim of the respondent of any legal liability and raised the issue of non-disclosure of source of income by the respondent as an evidence proving such lending never occurred.
The Madhya Pradesh High Court observed that non-payment of Income Tax is a matter between the revenue and the assessee. If the assessee has not disclosed his income in the Income Tax Return, then the Income Tax Department is well within its rights to reopen the assessment of income of the assessee and to take action as per the provisions of Income Tax Act. However, non-filing of Income Tax Return by itself would not mean that the complainant had no source of income and thus, no adverse inference can be drawn in this regard only because of absence of Income Tax Return.
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