Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
A security cheque was held unenforceable under the Negotiable Instruments Act because the complainant failed to prove a legally enforceable debt or liability on the date of presentation. The Court noted inconsistent versions about how the cheque came into the complainant's possession, non-examination of the intermediary witness, and no crystallised liability arising from contractual disputes at that stage. In an appeal against acquittal, the Court applied the settled rule that interference is justified only when the acquittal is palpably wrong or legally unsustainable. As the trial court's view was a possible and sound one, the strengthened presumption of innocence was not displaced and the acquittal was affirmed.
A security cheque was held unenforceable under the Negotiable Instruments Act because the complainant failed to prove a legally enforceable debt or liability on the date of presentation. The Court noted inconsistent versions about how the cheque came into the complainant's possession, non-examination of the intermediary witness, and no crystallised liability arising from contractual disputes at that stage. In an appeal against acquittal, the Court applied the settled rule that interference is justified only when the acquittal is palpably wrong or legally unsustainable. As the trial court's view was a possible and sound one, the strengthened presumption of innocence was not displaced and the acquittal was affirmed.
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