Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Dishonour of cheque cases can be quashed by High Courts u/s 482 CrPC if unimpeachable material shows no offence. Supreme Court held proceedings shouldn't be scuttled at nascent stage based on prima facie impression. In a case where cheques were security deposit, Supreme Court ruled Section 138 covers cheques for "other liability" besides debt. Legal presumption and contested facts shouldn't be separated under inherent powers. Power to quash should be exercised sparingly. Petitioner raised mixed questions of fact and law, not examinable u/s 482 CrPC, desirable to leave for trial court adjudication based on evidence. Petition dismissed.
Dishonour of cheque cases can be quashed by High Courts u/s 482 CrPC if unimpeachable material shows no offence. Supreme Court held proceedings shouldn't be scuttled at nascent stage based on prima facie impression. In a case where cheques were security deposit, Supreme Court ruled Section 138 covers cheques for "other liability" besides debt. Legal presumption and contested facts shouldn't be separated under inherent powers. Power to quash should be exercised sparingly. Petitioner raised mixed questions of fact and law, not examinable u/s 482 CrPC, desirable to leave for trial court adjudication based on evidence. Petition dismissed.
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