Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
A cheque originally issued as security can support a Section 138 prosecution if a legally enforceable liability exists on the date of presentation; once execution of a signed cheque is admitted, the presumptions under Sections 118 and 139 operate for the payee, and the drawer must rebut them at trial. On the pleadings, emails and repayment discussions prima facie indicated a subsisting liability, so the security-cheque defence did not justify quashing. For company liability, specific averments that directors were in charge of and responsible for the business are sufficient at the threshold; a managing director and cheque signatory may be proceeded against, while the non-signatory director was not immune where adequate allegations were made. The complaint was allowed to proceed.
A cheque originally issued as security can support a Section 138 prosecution if a legally enforceable liability exists on the date of presentation; once execution of a signed cheque is admitted, the presumptions under Sections 118 and 139 operate for the payee, and the drawer must rebut them at trial. On the pleadings, emails and repayment discussions prima facie indicated a subsisting liability, so the security-cheque defence did not justify quashing. For company liability, specific averments that directors were in charge of and responsible for the business are sufficient at the threshold; a managing director and cheque signatory may be proceeded against, while the non-signatory director was not immune where adequate allegations were made. The complaint was allowed to proceed.
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