Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
Objective characteristics and principal use govern mining-tyre classification, while fresh advance ruling applications may rely on additional technica...
Sections 118 and 139 of the Negotiable Instruments Act created a statutory presumption in favour of the complainant where the accused's cheques were signed, dishonoured for insufficiency of funds, and the notice referred to an acknowledged liability. The accused failed to rebut that presumption by proving that Yahoo Limited had taken over the entire liability or that the complainant had accepted performance from that third party; the cheque-on-security plea also did not defeat liability once the debt matured. Pendency of civil proceedings did not bar prosecution, and the High Court declined to disturb concurrent factual findings in revision absent perversity. Conviction under Section 138 was therefore sustained, but the appellate court could not suo motu enhance the default sentence in the accused's appeal, so that enhancement was set aside and the trial sentence restored.
Sections 118 and 139 of the Negotiable Instruments Act created a statutory presumption in favour of the complainant where the accused's cheques were signed, dishonoured for insufficiency of funds, and the notice referred to an acknowledged liability. The accused failed to rebut that presumption by proving that Yahoo Limited had taken over the entire liability or that the complainant had accepted performance from that third party; the cheque-on-security plea also did not defeat liability once the debt matured. Pendency of civil proceedings did not bar prosecution, and the High Court declined to disturb concurrent factual findings in revision absent perversity. Conviction under Section 138 was therefore sustained, but the appellate court could not suo motu enhance the default sentence in the accused's appeal, so that enhancement was set aside and the trial sentence restored.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
