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Home > Income Tax Act 2025 > Section-490Last Updated: Feb 19th 2025

Section-490 : Presumption as to culpable mental state

Learn to understand the section-1 as it is, it's help and useful links to follow.

Here onwards, "Act" refers to "Income Tax Act 2025"

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1. Section-490 as per act

  1. In any prosecution for any offence under this Act, which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
  2. In this section, “culpable mental state” includes intention, motive or knowledge of a fact or belief in, or reason to believe, a fact.
  3. For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.

2. Help and useful links for Section-490

  1. Income Tax Help Center
  2. Income Tax Act 2025 Home
  3. Self Service (DIY) Income Tax Filing made Easy



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Disclaimer: This article provides an overview and general guidance, not exhaustive for brevity. Please refer Income Tax Act, GST Act, Companies Act and other tax compliance acts, Rules, and Notifications for details.