Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Territorial jurisdiction defects under the Negotiable Instruments framework are curable and do not vitiate prosecution where a magistrate has taken cognizance in good faith; such irregularity falls within curable procedural defects and requires demonstration of failure of justice before quashing. Where an accused is the drawer and signatory of a dishonoured cheque, criminal liability is direct and personal regardless of non-impleadment of a partnership; internal firm arrangements do not negate statutory responsibility. A demand notice sent to the loan-document address attracts presumptions of service and a cheque issued as security, if presented for an enforceable liability and dishonoured, engages the dishonour provision at prima facie stage.
Territorial jurisdiction defects under the Negotiable Instruments framework are curable and do not vitiate prosecution where a magistrate has taken cognizance in good faith; such irregularity falls within curable procedural defects and requires demonstration of failure of justice before quashing. Where an accused is the drawer and signatory of a dishonoured cheque, criminal liability is direct and personal regardless of non-impleadment of a partnership; internal firm arrangements do not negate statutory responsibility. A demand notice sent to the loan-document address attracts presumptions of service and a cheque issued as security, if presented for an enforceable liability and dishonoured, engages the dishonour provision at prima facie stage.
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