Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
Cheque-dishonour liability under Section 138 of the NI Act is personal to the drawer, account holder and signatory; a non-signatory spouse of a sole proprietor cannot be prosecuted merely on allegations of control. A sole proprietorship is not a company for Section 141, so vicarious liability cannot extend to persons other than the proprietor. A demand notice seeking only part of the cheque amount fails the requirement to demand the "said amount of money", preventing the cause of action from arising. Further, process against an accused residing outside the Magistrate's jurisdiction requires a mandatory prior inquiry or investigation. Suppression of the concern's sole-proprietorship status was treated as abuse of process. Proceedings against the spouse were quashed, while trial against other accused continued.
Cheque-dishonour liability under Section 138 of the NI Act is personal to the drawer, account holder and signatory; a non-signatory spouse of a sole proprietor cannot be prosecuted merely on allegations of control. A sole proprietorship is not a company for Section 141, so vicarious liability cannot extend to persons other than the proprietor. A demand notice seeking only part of the cheque amount fails the requirement to demand the "said amount of money", preventing the cause of action from arising. Further, process against an accused residing outside the Magistrate's jurisdiction requires a mandatory prior inquiry or investigation. Suppression of the concern's sole-proprietorship status was treated as abuse of process. Proceedings against the spouse were quashed, while trial against other accused continued.
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