Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
The High Court held that the statutory presumption under the Negotiable Instruments Act applied once bank records proved presentation and dishonour of the cheque, and the demand notice was admittedly received. The absence of a reverse signature, deposit slip, or a dishonour entry in the account statement did not discredit the bank evidence, particularly where the branch merger and CBS procedure explained the transaction trail. The accused failed to rebut the presumption on a preponderance of probabilities, so the existence of debt and liability was proved. The Court also held that revisional jurisdiction does not permit reappreciation of evidence absent perversity, jurisdictional error, or failure of justice, and therefore upheld the concurrent conviction and sentence.
The High Court held that the statutory presumption under the Negotiable Instruments Act applied once bank records proved presentation and dishonour of the cheque, and the demand notice was admittedly received. The absence of a reverse signature, deposit slip, or a dishonour entry in the account statement did not discredit the bank evidence, particularly where the branch merger and CBS procedure explained the transaction trail. The accused failed to rebut the presumption on a preponderance of probabilities, so the existence of debt and liability was proved. The Court also held that revisional jurisdiction does not permit reappreciation of evidence absent perversity, jurisdictional error, or failure of justice, and therefore upheld the concurrent conviction and sentence.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
