Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Where a cheque bears material alterations (amount/date), such change falls within Section 87 and will void the instrument as against a party who did not consent; if alterations were made by the drawer with intent to prevent payment, dishonour will attract liability under Section 138, but if made by the payee for undue benefit the criminal liability may not follow. Determination of who made the alteration is a question of fact for trial and cannot be decided at this stage; petitioner's challenge is therefore dismissed without prejudice to raising these factual/contention issues before the trial court. - HC
Where a cheque bears material alterations (amount/date), such change falls within Section 87 and will void the instrument as against a party who did not consent; if alterations were made by the drawer with intent to prevent payment, dishonour will attract liability under Section 138, but if made by the payee for undue benefit the criminal liability may not follow. Determination of who made the alteration is a question of fact for trial and cannot be decided at this stage; petitioner's challenge is therefore dismissed without prejudice to raising these factual/contention issues before the trial court. - HC
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