Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
Food import sampling requirements support provisional release where unseized consignments conform to standards and raw areca classification is unestab...
Admission of cheque execution and signatures on the cheque and money receipt triggered the presumptions of consideration and legally enforceable debt under the Negotiable Instruments Act. Questions concerning the complainant's financial capacity and an alleged breach of income-tax rules on cash loans did not rebut those presumptions without cogent and reliable evidence. The cheque-dishonour conviction was therefore sustained. A succeeding Magistrate could decide the matter on evidence recorded by the predecessor because the prosecution proceeded as a summons trial, not a summary trial; the statutory restriction on successor Magistrates was consequently inapplicable. The criminal revision was dismissed, and surrender was directed for the remaining sentence.
Admission of cheque execution and signatures on the cheque and money receipt triggered the presumptions of consideration and legally enforceable debt under the Negotiable Instruments Act. Questions concerning the complainant's financial capacity and an alleged breach of income-tax rules on cash loans did not rebut those presumptions without cogent and reliable evidence. The cheque-dishonour conviction was therefore sustained. A succeeding Magistrate could decide the matter on evidence recorded by the predecessor because the prosecution proceeded as a summons trial, not a summary trial; the statutory restriction on successor Magistrates was consequently inapplicable. The criminal revision was dismissed, and surrender was directed for the remaining sentence.
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