Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Admission of cheque execution triggers presumptions of consideration and legally enforceable debt under the cheque-dishonour framework. A cash loan exceeding the limit under section 269SS of the Income-tax Act may attract penalty under section 271D, but does not render the underlying transaction illegal, void or unenforceable; it does not itself rebut those presumptions. The presumption in favour of the cheque holder remains rebuttable, but a bare denial is insufficient. The accused must explain the cheque's issuance and possession, while credible evidence that the payee lacked financial capacity to lend may rebut the presumption. The matter was remanded for fresh consideration of the evidence.
Admission of cheque execution triggers presumptions of consideration and legally enforceable debt under the cheque-dishonour framework. A cash loan exceeding the limit under section 269SS of the Income-tax Act may attract penalty under section 271D, but does not render the underlying transaction illegal, void or unenforceable; it does not itself rebut those presumptions. The presumption in favour of the cheque holder remains rebuttable, but a bare denial is insufficient. The accused must explain the cheque's issuance and possession, while credible evidence that the payee lacked financial capacity to lend may rebut the presumption. The matter was remanded for fresh consideration of the evidence.
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