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...
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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...
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The HC refused to quash criminal proceedings arising from cheque dishonour, holding that the statutory presumption under Section 139 of the NI Act in favour of the cheque-holder is rebuttable and the accused may discharge that burden by adducing evidence (including bank account records) even in Section 482 proceedings. The court reiterated that disputed questions of fact are inappropriate for threshold determination and must ordinarily be resolved at trial after evidence is led. Allegations that the cheque did not represent a legally enforceable debt constitute a defence, not a ground for summary quashing. Accordingly, the petition to quash was dismissed and the criminal prosecution is ordered to continue.
The HC refused to quash criminal proceedings arising from cheque dishonour, holding that the statutory presumption under Section 139 of the NI Act in favour of the cheque-holder is rebuttable and the accused may discharge that burden by adducing evidence (including bank account records) even in Section 482 proceedings. The court reiterated that disputed questions of fact are inappropriate for threshold determination and must ordinarily be resolved at trial after evidence is led. Allegations that the cheque did not represent a legally enforceable debt constitute a defence, not a ground for summary quashing. Accordingly, the petition to quash was dismissed and the criminal prosecution is ordered to continue.
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