Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding appeal against acquittal, High Court should see if evidence was properly appreciated, finding illegal or affected by error of law/fact, and if trial court's view was possible based on material. Presumption of innocence gets concretized on acquittal, higher threshold to rebut in appeal. Accused did not prove cheque issued as security. Statement of account showed subsisting liability when cheque issued. Blank cheque can be filled by holder if liability exists as per Bir Singh case. Once presumption drawn, onus shifts to accused as per Rohit bhai case. Complaint cannot be dismissed for want of evidence on debt/liability if cheque dishonored for account closed as per Rohit bhai case. Notice deemed served if refused as per C.C. Alavi case. Ingredients of Section 138 satisfied, trial court erred in acquitting accused. Judgment set aside, accused convicted u/s 138.
Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding appeal against acquittal, High Court should see if evidence was properly appreciated, finding illegal or affected by error of law/fact, and if trial court's view was possible based on material. Presumption of innocence gets concretized on acquittal, higher threshold to rebut in appeal. Accused did not prove cheque issued as security. Statement of account showed subsisting liability when cheque issued. Blank cheque can be filled by holder if liability exists as per Bir Singh case. Once presumption drawn, onus shifts to accused as per Rohit bhai case. Complaint cannot be dismissed for want of evidence on debt/liability if cheque dishonored for account closed as per Rohit bhai case. Notice deemed served if refused as per C.C. Alavi case. Ingredients of Section 138 satisfied, trial court erred in acquitting accused. Judgment set aside, accused convicted u/s 138.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
