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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Admission of a cheque signature activates the presumptions of consideration and legally enforceable debt or liability under Sections 118(a) and 139 of the Negotiable Instruments Act. The drawer then bears an evidentiary burden to raise a probable, evidence-based defence on the preponderance of probabilities; bare denials, unsupported claims of misuse, or a blank-cheque plea ordinarily do not rebut the presumptions. Financial capacity of the complainant becomes material only after a credible and specific challenge. These presumptions do not remove the requirement to establish the procedural ingredients of Section 138, including dishonour, timely demand notice, non-payment, and timely complaint.
Admission of a cheque signature activates the presumptions of consideration and legally enforceable debt or liability under Sections 118(a) and 139 of the Negotiable Instruments Act. The drawer then bears an evidentiary burden to raise a probable, evidence-based defence on the preponderance of probabilities; bare denials, unsupported claims of misuse, or a blank-cheque plea ordinarily do not rebut the presumptions. Financial capacity of the complainant becomes material only after a credible and specific challenge. These presumptions do not remove the requirement to establish the procedural ingredients of Section 138, including dishonour, timely demand notice, non-payment, and timely complaint.
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