Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Inherent jurisdiction to quash cheque dishonour proceedings cannot be used to conduct a mini-trial where complaints prima facie disclose the offence and disputed issues, including security cheques, enforceable debt, service of notice and settlement, require evidence. The statutory presumption of legally enforceable debt under section 139 remains subject to trial. Separate complaints based on two consolidated demand notices for multiple dishonoured cheques from one transaction are maintainable. Non-reflection of the underlying transaction in income-tax returns does not by itself rebut the statutory presumptions or make the debt unenforceable; any income-tax breach may attract a prescribed penalty. The quashing petitions were dismissed and expeditious trial completion directed.
Inherent jurisdiction to quash cheque dishonour proceedings cannot be used to conduct a mini-trial where complaints prima facie disclose the offence and disputed issues, including security cheques, enforceable debt, service of notice and settlement, require evidence. The statutory presumption of legally enforceable debt under section 139 remains subject to trial. Separate complaints based on two consolidated demand notices for multiple dishonoured cheques from one transaction are maintainable. Non-reflection of the underlying transaction in income-tax returns does not by itself rebut the statutory presumptions or make the debt unenforceable; any income-tax breach may attract a prescribed penalty. The quashing petitions were dismissed and expeditious trial completion directed.
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