Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee...
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required...
Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
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 
TaxTMI 
of 4894 
