Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
A complaint under s.138 NI Act was held not maintainable because the statutory demand notice was issued about seven months after dishonour, beyond the 30-day mandate in s.138(b), so no valid cause of action arose. Independently, the complaint was treated as time-barred since cognizance of a delayed complaint under s.142(b) requires an application showing sufficient cause and an order condoning delay, which were absent, rendering cognizance illegal; the complaint was therefore liable to rejection. The defence that the cheque was a "security cheque" raised disputed facts and, in any event, a security cheque can mature into enforceable liability. Territorial jurisdiction was upheld as the payee's bank branch fell within jurisdiction. Petition allowed. - HC
A complaint under s.138 NI Act was held not maintainable because the statutory demand notice was issued about seven months after dishonour, beyond the 30-day mandate in s.138(b), so no valid cause of action arose. Independently, the complaint was treated as time-barred since cognizance of a delayed complaint under s.142(b) requires an application showing sufficient cause and an order condoning delay, which were absent, rendering cognizance illegal; the complaint was therefore liable to rejection. The defence that the cheque was a "security cheque" raised disputed facts and, in any event, a security cheque can mature into enforceable liability. Territorial jurisdiction was upheld as the payee's bank branch fell within jurisdiction. Petition allowed. - HC
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