Permanent-establishment reassessment cannot revisit scrutinised disclosures; extended reopening fails without undisclosed material facts and within st...
Modified returns after business reorganisation must be assessed within pending proceedings, barring parallel scrutiny and consequential transfer prici...
Turnover mismatches under percentage-completion accounting cannot alone establish suppressed income where customer advances remain recorded as liabili...
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Rejection of a loan-recovery plaint on limitation under Order VII Rule 11(d) is warranted only when the plaint and relied-on material disclose an ex facie statutory bar. TDS deposited in relation to a loan may constitute payment on account of debt under the Limitation Act, creating a fresh limitation period. Signed balance confirmations and continuing TDS deductions may also raise triable issues concerning acknowledgment and payment, whose legal and evidentiary effect requires proof. The Trial Court's refusal to reject the plaint was sustained, with limitation left for determination after evidence.
Rejection of a loan-recovery plaint on limitation under Order VII Rule 11(d) is warranted only when the plaint and relied-on material disclose an ex facie statutory bar. TDS deposited in relation to a loan may constitute payment on account of debt under the Limitation Act, creating a fresh limitation period. Signed balance confirmations and continuing TDS deductions may also raise triable issues concerning acknowledgment and payment, whose legal and evidentiary effect requires proof. The Trial Court's refusal to reject the plaint was sustained, with limitation left for determination after evidence.
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