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    April 6, 2026   Case Laws Income Tax
    Limited scrutiny cannot be converted without approval; section 54F relief also cannot be denied for non-registered sale deed.
    April 6, 2026   Case Laws Income Tax
    DTAA treaty-rate limits on dividend tax and benchmarking of management fees were remanded for fresh examination.
    April 6, 2026   Case Laws Income Tax
    Notional annual letting value on vacant stock-in-trade is taxable, but must be computed by municipal rateable value principles.
    April 6, 2026   Case Laws Income Tax
    Non-resident commission and ocean freight payments not subject to TDS, with related disallowances sustained in appellate relief.
    April 6, 2026   Case Laws Income Tax
    Misreporting penalty sustained for bogus donation claim withdrawn only after detection; penalty notice held valid.
    April 6, 2026   Case Laws Income Tax
    Section 153A search assessments cannot rest on third-party material; jurisdiction under section 147 and notional interest additions fail.
    April 6, 2026   Case Laws Income Tax
    Penalty for alleged cash loan failed where the loan transaction itself remained unproved and the section 269SS breach was not established.
    April 6, 2026   Case Laws Income Tax
    Section 234E late fee could not be levied through section 200A processing for TDS returns filed before 01.06.2015.
    April 6, 2026   Case Laws Income Tax
    Penalty under section 271(1)(c) deleted where income was disclosed in section 153A returns and remaining additions were only estimated or computationa...
    April 6, 2026   Case Laws Income Tax
    Rejection of books, partial credit for cash sources, and section 115BBE rate applied to unexplained demonetisation deposits.
    April 6, 2026   Case Laws Income Tax
    Commission to promoter-director not deductible where no separate business nexus was proved beyond existing remuneration.
    April 6, 2026   Case Laws Income Tax
    Genuine share trading loss cannot be disallowed merely for alleged commercial imprudence where exchange trades are proved.
    April 6, 2026   Case Laws Income Tax
    Reassessment limitation: jurisdiction for notice under section 148 depends on material available at issuance, not final assessed income.
    April 6, 2026   Case Laws Income Tax
    Charitable registration cannot be refused solely for lack of activity where trust objects and genuineness are supported by records.
    April 6, 2026   Case Laws Income Tax
    Duty drawback taxable on receipt basis under section 145B(3), not on accrual basis despite mercantile accounting.
    April 6, 2026   Case Laws Income Tax
    Voluntary disclosure and prior tax payment defeat section 270A penalty when additional income is later offered after search-related proceedings.
    April 6, 2026   Case Laws Customs
    Bona fide import without misdeclaration defeats penalty where prohibited seeds were detected only on quarantine testing.
    April 6, 2026   Case Laws Customs
    Customs penalty fails where fake origin allegations remain unproved and electronic evidence is inadmissible.
    April 6, 2026   Case Laws Customs
    Refund limitation under appellate orders remains strict; delayed claim was time-barred and Section 26 was held inapplicable.
    April 6, 2026   Case Laws Customs
    Presumption cannot replace proof of conscious involvement in improper importation; customs penalty was set aside.
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April 6, 2026   Case Laws Income Tax
Limited scrutiny cannot be converted without approval; section 54F relief also cannot be denied for non-registered sale deed.
April 6, 2026   Case Laws Income Tax
DTAA treaty-rate limits on dividend tax and benchmarking of management fees were remanded for fresh examination.
April 6, 2026   Case Laws Income Tax
Notional annual letting value on vacant stock-in-trade is taxable, but must be computed by municipal rateable value principles.
April 6, 2026   Case Laws Income Tax
Non-resident commission and ocean freight payments not subject to TDS, with related disallowances sustained in appellate relief.
April 6, 2026   Case Laws Income Tax
Misreporting penalty sustained for bogus donation claim withdrawn only after detection; penalty notice held valid.
April 6, 2026   Case Laws Income Tax
Section 153A search assessments cannot rest on third-party material; jurisdiction under section 147 and notional interest additions fail.
April 6, 2026   Case Laws Income Tax
Penalty for alleged cash loan failed where the loan transaction itself remained unproved and the section 269SS breach was not established.
April 6, 2026   Case Laws Income Tax
Section 234E late fee could not be levied through section 200A processing for TDS returns filed before 01.06.2015.
April 6, 2026   Case Laws Income Tax
Penalty under section 271(1)(c) deleted where income was disclosed in section 153A returns and remaining additions were only estimated or computational.
April 6, 2026   Case Laws Income Tax
Rejection of books, partial credit for cash sources, and section 115BBE rate applied to unexplained demonetisation deposits.
April 6, 2026   Case Laws Income Tax
Commission to promoter-director not deductible where no separate business nexus was proved beyond existing remuneration.
April 6, 2026   Case Laws Income Tax
Genuine share trading loss cannot be disallowed merely for alleged commercial imprudence where exchange trades are proved.
April 6, 2026   Case Laws Income Tax
Reassessment limitation: jurisdiction for notice under section 148 depends on material available at issuance, not final assessed income.
April 6, 2026   Case Laws Income Tax
Charitable registration cannot be refused solely for lack of activity where trust objects and genuineness are supported by records.
April 6, 2026   Case Laws Income Tax
Duty drawback taxable on receipt basis under section 145B(3), not on accrual basis despite mercantile accounting.
April 6, 2026   Case Laws Income Tax
Voluntary disclosure and prior tax payment defeat section 270A penalty when additional income is later offered after search-related proceedings.
April 6, 2026   Case Laws Customs
Bona fide import without misdeclaration defeats penalty where prohibited seeds were detected only on quarantine testing.
April 6, 2026   Case Laws Customs
Customs penalty fails where fake origin allegations remain unproved and electronic evidence is inadmissible.
April 6, 2026   Case Laws Customs
Refund limitation under appellate orders remains strict; delayed claim was time-barred and Section 26 was held inapplicable.
April 6, 2026   Case Laws Customs
Presumption cannot replace proof of conscious involvement in improper importation; customs penalty was set aside.

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Home › Highlights › Indian Laws › 2023 › October, 2023 › This
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Indian Laws

Dishonour of Cheque - validity of convicting and sentencing the...

Exploring Cheque Dishonor Conviction: Burden of Proof Shift u/s 138 of Negotiable Instruments Act.

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Indian Laws October 30, 2023 Case Laws HC
Dishonour of Cheque - validity of convicting and sentencing the revision petitioner - The law has crystallized that once the complainant establishes the concoction of the five ingredients under Section 138 of the N.I.Act, then the reverse onus of proof shifts to the accused to set up a probable defence. If he discharges the onus of proof and casts a doubt about the existence of a debt, then the prosecution has to fail. - HC
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Acts Income Tax
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