Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
In a prosecution for cheque dishonour due to "funds insufficient," the court held that once the drawer's signature and dishonour are proved, statutory presumptions under ss. 118 and 139 NI Act arise that the cheque was issued for consideration and in discharge of a legally enforceable debt. The accused must rebut this by credible proof making the defence reasonably probable; a merely plausible explanation is inadequate, and no probable defence was established. The complainant's financial capacity need not be proved unless specifically disputed in response to the statutory demand notice, which was not done here. Service of notice was treated as compliant when properly addressed and sent by registered post. The revision was dismissed and the conviction and sentence were upheld - HC
In a prosecution for cheque dishonour due to "funds insufficient," the court held that once the drawer's signature and dishonour are proved, statutory presumptions under ss. 118 and 139 NI Act arise that the cheque was issued for consideration and in discharge of a legally enforceable debt. The accused must rebut this by credible proof making the defence reasonably probable; a merely plausible explanation is inadequate, and no probable defence was established. The complainant's financial capacity need not be proved unless specifically disputed in response to the statutory demand notice, which was not done here. Service of notice was treated as compliant when properly addressed and sent by registered post. The revision was dismissed and the conviction and sentence were upheld - HC
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