Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Page of 4816
Press 'Enter' after typing page number.
6481 to 6500 of 96301 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
