Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
A statutory demand notice under Section 138 of the Negotiable Instruments Act must demand the cheque amount, but it must also be read as a whole. Where part payments reduce the outstanding liability, a notice that identifies the original liability, dishonoured cheques, payments received, and computation of the balance is not invalid merely because it demands less than the aggregate cheque amounts. Whether the cheques continued to represent a legally enforceable debt, whether Section 56 applied, and the effect of absent endorsement were matters requiring evidence. Those issues could not be conclusively decided while reviewing a summoning order, so the complaint was allowed to proceed on its merits.
A statutory demand notice under Section 138 of the Negotiable Instruments Act must demand the cheque amount, but it must also be read as a whole. Where part payments reduce the outstanding liability, a notice that identifies the original liability, dishonoured cheques, payments received, and computation of the balance is not invalid merely because it demands less than the aggregate cheque amounts. Whether the cheques continued to represent a legally enforceable debt, whether Section 56 applied, and the effect of absent endorsement were matters requiring evidence. Those issues could not be conclusively decided while reviewing a summoning order, so the complaint was allowed to proceed on its merits.
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