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...
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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