Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
A joint complaint under s.138 NI Act covering dishonour of two cheques issued in favour of two different payees was held not maintainable to the extent it clubbed distinct offences and complainants, as neither the NI Act nor CrPC permits joinder of separate s.138 causes by multiple payees in one complaint; proceedings relating to the cheque issued to the second payee were quashed with liberty to file a separate complaint. Invocation of an arbitration clause was held not to bar prosecution since civil/arbitral and criminal remedies can proceed simultaneously, hence quashing was refused on that ground. The plea of premature filing was rejected because the complaint was filed beyond 15 days from first receipt of demand notice, so proceedings for the cheque issued to the first payee were allowed to continue - HC
A joint complaint under s.138 NI Act covering dishonour of two cheques issued in favour of two different payees was held not maintainable to the extent it clubbed distinct offences and complainants, as neither the NI Act nor CrPC permits joinder of separate s.138 causes by multiple payees in one complaint; proceedings relating to the cheque issued to the second payee were quashed with liberty to file a separate complaint. Invocation of an arbitration clause was held not to bar prosecution since civil/arbitral and criminal remedies can proceed simultaneously, hence quashing was refused on that ground. The plea of premature filing was rejected because the complaint was filed beyond 15 days from first receipt of demand notice, so proceedings for the cheque issued to the first payee were allowed to continue - HC
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