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 dismissed the appeal and upheld the trial court's acquittal of the accused under Section 138 N.I. Act, concluding the complainant failed to prove the offence. The court held the accused successfully rebutted the statutory presumptions under Sections 118 and 139 on the preponderance of probabilities standard; circumstantial materials and DW evidence, including Exhibit D1, undermined PW1's transaction-related testimony and exposed gaps in the complaint and chief affidavit (notably omission of cheque execution/issuance date). Consistent with precedent, where the accused contests the complainant's financial capacity the evidential burden shifts back to the complainant, which here remained unestablished.
The HC dismissed the appeal and upheld the trial court's acquittal of the accused under Section 138 N.I. Act, concluding the complainant failed to prove the offence. The court held the accused successfully rebutted the statutory presumptions under Sections 118 and 139 on the preponderance of probabilities standard; circumstantial materials and DW evidence, including Exhibit D1, undermined PW1's transaction-related testimony and exposed gaps in the complaint and chief affidavit (notably omission of cheque execution/issuance date). Consistent with precedent, where the accused contests the complainant's financial capacity the evidential burden shifts back to the complainant, which here remained unestablished.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
