Charitable sports promotion: sponsorship receipts alone did not defeat registration where funds supported tournaments and player development activitie...
Overdue associated-enterprise receivables: debt-free status defeated notional-interest adjustment, while employee stock-option costs qualified as busi...
Retrospective assessment-limitation amendments validate final orders while contemporaneous segment data governs transfer-pricing comparability and tol...
Transfer pricing adjustments must track international transactions, while unsupported AMP adjustments and unsuitable manufacturing comparables require...
Transfer-pricing adjustments must reflect functional comparability, working-capital effects, and avoid duplicating interest on associated-enterprise r...
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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