Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
The HC allowed the petition and quashed the impugned cognizance and complaint under Section 138 of the NI Act. The court held the undated cheques were issued as security/advance conditional on performance of the sale agreement, and the condition precedent (transfer/possession of land) was not fulfilled by the respondent. Consequently no legally enforceable debt or subsisting liability existed at the time of presentation and dishonour, and the proceedings under Section 138 constituted misuse of process. Relief was granted to the petitioner, with the criminal proceedings under the NI Act set aside for want of a legally actionable liability.
The HC allowed the petition and quashed the impugned cognizance and complaint under Section 138 of the NI Act. The court held the undated cheques were issued as security/advance conditional on performance of the sale agreement, and the condition precedent (transfer/possession of land) was not fulfilled by the respondent. Consequently no legally enforceable debt or subsisting liability existed at the time of presentation and dishonour, and the proceedings under Section 138 constituted misuse of process. Relief was granted to the petitioner, with the criminal proceedings under the NI Act set aside for want of a legally actionable liability.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
