Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
Page of 4828
Press 'Enter' after typing page number.
161 to 180 of 96556 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The HC upheld the dismissal of the complaint under Section 138 of the N.I. Act, affirming that the accused successfully discharged the statutory presumption of liability by adducing evidence rebutting the existence of a legally enforceable debt. Although the signatures on the cheques were admitted, the accused demonstrated that the cheques dated December 2016 were backdated, having been originally issued in 2012 and 2014, corroborated by the provenance of the cheque leaflets. The complainant failed to prove the alleged receipt or undertaking and neglected to produce key oral evidence supporting the loan's existence. Consequently, the court found no enforceable debt or liability, validating the magistrate's conclusion that the accused met the burden of proof to negate the presumption under Sections 139 and 118 of the N.I. Act. The appeal was dismissed, confirming the complaint's rejection.
The HC upheld the dismissal of the complaint under Section 138 of the N.I. Act, affirming that the accused successfully discharged the statutory presumption of liability by adducing evidence rebutting the existence of a legally enforceable debt. Although the signatures on the cheques were admitted, the accused demonstrated that the cheques dated December 2016 were backdated, having been originally issued in 2012 and 2014, corroborated by the provenance of the cheque leaflets. The complainant failed to prove the alleged receipt or undertaking and neglected to produce key oral evidence supporting the loan's existence. Consequently, the court found no enforceable debt or liability, validating the magistrate's conclusion that the accused met the burden of proof to negate the presumption under Sections 139 and 118 of the N.I. Act. The appeal was dismissed, confirming the complaint's rejection.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
