Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Appointment of a Provisional Liquidator shifts control of the company's affairs from the board to the liquidator, and erstwhile directors become functus officio; cheques issued or presented thereafter without the liquidator's authority are not enforceable against the company. The text also states that dishonour marked "Account Blocked" in winding-up or liquidation proceedings does not satisfy Section 138 of the Negotiable Instruments Act because the essential ingredient of dishonour for insufficiency of funds is absent and the account is no longer under the drawer's effective control. On that basis, complaint proceedings under Section 138 against the company and former directors were held not maintainable.
Appointment of a Provisional Liquidator shifts control of the company's affairs from the board to the liquidator, and erstwhile directors become functus officio; cheques issued or presented thereafter without the liquidator's authority are not enforceable against the company. The text also states that dishonour marked "Account Blocked" in winding-up or liquidation proceedings does not satisfy Section 138 of the Negotiable Instruments Act because the essential ingredient of dishonour for insufficiency of funds is absent and the account is no longer under the drawer's effective control. On that basis, complaint proceedings under Section 138 against the company and former directors were held not maintainable.
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