K.P. Varghese vs The Income Tax Officer,Ernakulam, And ... on 4 September, 1981
3. Section 52(2) came up for consideration before the Supreme Court in K.P. Varghese v. ITO [1981] 131 ITR 597. The court held that so far as material for the present purpose, Sub-section (2) of Section 52 could only be invoked only where the consideration for the transfer of a capital asset had been understated by the assessee, or, in other words, the full value of the consideration in respect of the transfer was shown at a lesser figure than that actually received by the assessee, and the burden of proving such understatement or concealment was on the Revenue. The court further observed that the sub-section had no application in the case of an honest and bona fide transaction where the consideration received by the assessee had been correctly declared or disclosed by him.