Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
The High Court considered a case involving dishonour of cheque due to insufficiency of funds, determining if a legally enforceable debt existed. The accused was acquitted of the offence u/s 138 of the Negotiable Instruments Act. The court assessed evidence to prove cheque execution, rebutting statutory presumptions u/s 139 and 118 of the NI Act. Referring to legal precedents, it highlighted the onus on the accused akin to civil proceedings and the standard of proof required to rebut presumptions. Emphasizing the principle that if two views are possible, an appellate court should not reverse an acquittal. The court upheld the finding that the accused successfully rebutted statutory presumptions, leading to dismissal of the appeal.
The High Court considered a case involving dishonour of cheque due to insufficiency of funds, determining if a legally enforceable debt existed. The accused was acquitted of the offence u/s 138 of the Negotiable Instruments Act. The court assessed evidence to prove cheque execution, rebutting statutory presumptions u/s 139 and 118 of the NI Act. Referring to legal precedents, it highlighted the onus on the accused akin to civil proceedings and the standard of proof required to rebut presumptions. Emphasizing the principle that if two views are possible, an appellate court should not reverse an acquittal. The court upheld the finding that the accused successfully rebutted statutory presumptions, leading to dismissal of the appeal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
