Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Section 138 requires cheques to be presented within six months from the date drawn or within validity; undated cheques delivered on the loan date are reckoned from that date, and presentation after that period invalidates Section 138 relief. Separately, guarantor liability under the Master Facility Agreement and Deed of Guarantee arises only after contractually defined events of default and prescribed pre-conditions (including notice/demand) are complied with. Where the record shows ongoing payments, a subsisting restructured account, and no crystallised default or contractual demand, invoking security cheques or Section 138 proceedings amounts to an abuse of process and is impermissible.
Section 138 requires cheques to be presented within six months from the date drawn or within validity; undated cheques delivered on the loan date are reckoned from that date, and presentation after that period invalidates Section 138 relief. Separately, guarantor liability under the Master Facility Agreement and Deed of Guarantee arises only after contractually defined events of default and prescribed pre-conditions (including notice/demand) are complied with. Where the record shows ongoing payments, a subsisting restructured account, and no crystallised default or contractual demand, invoking security cheques or Section 138 proceedings amounts to an abuse of process and is impermissible.
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