Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
The court held that once a Magistrate takes cognizance and issues process against the accused, there is no provision in the Code of Criminal Procedure to allow the Magistrate to drop the proceedings at the behest of the accused. The revisional court's finding that the trial court wrongly dismissed the application for dropping proceedings was contrary to law. Regarding dishonor of a cheque due to 'account frozen', the court ruled that the complaint u/s 138 of the Act is maintainable even if the cheque is dishonored for this reason. The onus is on the accused to prove they were unaware of the account freeze, the freeze was beyond their control, and the account had sufficient balance when the cheque was issued. The revisional court's order was set aside, the trial court's order was restored, and the matter was remanded for a full-fledged trial.
The court held that once a Magistrate takes cognizance and issues process against the accused, there is no provision in the Code of Criminal Procedure to allow the Magistrate to drop the proceedings at the behest of the accused. The revisional court's finding that the trial court wrongly dismissed the application for dropping proceedings was contrary to law. Regarding dishonor of a cheque due to 'account frozen', the court ruled that the complaint u/s 138 of the Act is maintainable even if the cheque is dishonored for this reason. The onus is on the accused to prove they were unaware of the account freeze, the freeze was beyond their control, and the account had sufficient balance when the cheque was issued. The revisional court's order was set aside, the trial court's order was restored, and the matter was remanded for a full-fledged trial.
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