Infrastructure-development deduction remains available to EPC contractors when substantive statutory conditions outweigh contractor labels in agreemen...
Explained Investment Sources: documented gifts and traceable salary savings supported deletion of additions for property and mutual-fund SIP investmen...
Internal comparable pricing supports arm's-length interest on compulsorily convertible debentures, preventing their recharacterisation as equity for t...
Nominee director protection shields independent financial-institution appointees from criminal liability where they lack involvement in deposit defaul...
Statutory presumption of a legally enforceable debt following admission of a cheque signature is rebuttable on a preponderance of probabilities. In an alleged cash-loan transaction, failure to establish the complainant's financial capacity or a financial trail, together with non-examination of the eyewitness to the loan and cheque delivery, supported a probable defence that no loan existed. The lower courts' reliance on the presumption and the accused's statement, without drawing an adverse inference for withholding the material witness, misallocated the burden of proof. The conviction was set aside and the accused acquitted of cheque dishonour.
Statutory presumption of a legally enforceable debt following admission of a cheque signature is rebuttable on a preponderance of probabilities. In an alleged cash-loan transaction, failure to establish the complainant's financial capacity or a financial trail, together with non-examination of the eyewitness to the loan and cheque delivery, supported a probable defence that no loan existed. The lower courts' reliance on the presumption and the accused's statement, without drawing an adverse inference for withholding the material witness, misallocated the burden of proof. The conviction was set aside and the accused acquitted of cheque dishonour.
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TaxTMI 
TaxTMI 
of 4891 
