Tax appeal allowed: AO exceeded s.144C DRP mandate by introducing new findings and recharacterising non-resident receipts as permanent establishment i...
Anonymized petitioner gets partial relief: bank guarantee quashed, PVC-coated fabric released under reduced conditions while valuation proceedings con...
The HC affirmed the trial court's finding that the accused successfully rebutted the statutory presumption under Sections 118 and 139 of the N.I. Act on the preponderance of probabilities, not beyond reasonable doubt, and therefore could not be convicted under Section 138. The evidence, including bank testimony about issuance of the cheque from the predecessor bank and the timing discrepancies in the complainant's pleadings and cross-examination, created a probable defence and undermined the complainant's case. On the totality of evidence the HC held the accused's version more probable, dismissed the appeal and upheld acquittal/no conviction under Section 138 of the N.I. Act.
The HC affirmed the trial court's finding that the accused successfully rebutted the statutory presumption under Sections 118 and 139 of the N.I. Act on the preponderance of probabilities, not beyond reasonable doubt, and therefore could not be convicted under Section 138. The evidence, including bank testimony about issuance of the cheque from the predecessor bank and the timing discrepancies in the complainant's pleadings and cross-examination, created a probable defence and undermined the complainant's case. On the totality of evidence the HC held the accused's version more probable, dismissed the appeal and upheld acquittal/no conviction under Section 138 of the N.I. Act.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
