Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
Primary issue: whether the presumption under Sections 118 and 139 of the Negotiable Instruments Act was rebutted. Court found the accused successfully rebutted the statutory presumption by the evidence (including admissions by the complainant), shifting the evidential burden to the complainant to prove the cheque was issued for a legally enforceable debt; the complainant produced no such proof. Consequence: the acquittal founded on lack of proved liability is upheld and the appeal is dismissed. - HC
Primary issue: whether the presumption under Sections 118 and 139 of the Negotiable Instruments Act was rebutted. Court found the accused successfully rebutted the statutory presumption by the evidence (including admissions by the complainant), shifting the evidential burden to the complainant to prove the cheque was issued for a legally enforceable debt; the complainant produced no such proof. Consequence: the acquittal founded on lack of proved liability is upheld and the appeal is dismissed. - HC
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