https://www.taxtmi.com/article/detailed?id=1384 Criminal liability under Section 138 requires that a cheque be drawn for discharge of a legally enforceable debt and be returned unpaid; Section 139 raises a rebuttable presumption that a cheque was issued for such discharge, but that presumption may be rebutted by material on record. Where revenue officials obtained cheques during a raid without any prior assessment or quantified demand, absence of an enforceable liability at the time of issuance defeats the essential ingredient of Section 138 and renders prosecution under that provision untenable. en-us Fri, 12 Aug 2011 12:29:41 +0530 Fri, 12 Aug 2011 12:29:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=1384 Criminal liability under Section 138 requires that a cheque be drawn for discharge of a legally enforceable debt and be returned unpaid; Section 139 raises a rebuttable presumption that a cheque was issued for such discharge, but that presumption may be rebutted by material on record. Where revenue officials obtained cheques during a raid without any prior assessment or quantified demand, absence of an enforceable liability at the time of issuance defeats the essential ingredient of Section 138 and renders prosecution under that provision untenable. Articles Other Topics Fri, 12 Aug 2011 12:29:41 +0530 https://www.taxtmi.com/article/detailed?id=1384