APS Forex Services (P) Ltd. v. Shakti International Fashion Linkers

Principal Commissioner of Income Tax vs. Shri Manish Kumar Singhal

Bench: AVNEESH JHINGAN,UMA SHANKER VYAS

…an approach of the trial court was directly in the teeth of the established legal position as discussed above, and amounts to a patent error of law.” 21. Similar is the judgment in APS Forex Services (P) Ltd. v. Shakti International Fashion Linkers (2020) 12 SCC 724, wherein it was observed: - P a g e | 13 2025:HHC:19713 “7.2. What is emerging from the material on record is that the issuance of a cheque by the accused and the signature of the accused on the said cheque are not disputed by the accused. The accused has also not disputed that there were transactions between the parties. Even as per the…

Mr. Wilfred D Souza vs. The Income Tax Officer

In the result, all the appeals

Bench: The Hon'Ble Ms.Justice J.M.Khazi

…19. In APS Forex vs Shakti International Fashion Linkers Pvt. Ltd (APS Forex)11, the Hon'ble Supreme Court held that when accused raises issue of financial 10 2022 SCC OnLine SC 302 11 (2020) 12 SCC 724 CRL.A NO.12 OF 2015 c/w CRL.A NO.13 OF 2015 CRL.A NO.14 OF 2015 CRL.A NO.15 OF 2015 15 capacity of complainant, in support of his probable defence, despite presumption operating in favour of complainant regarding legally enforceable debt un…

State Bank of India vs. The Assistant Commissioner

In the result, both appeal as well as

Bench: The Hon'Ble Ms.Justice J.M.Khazi

…ion Linkers Pvt. Ltd (APS Forex)2, the Hon'ble Supreme Court held that when accused raises issue of financial capacity of complainant, in support of his probable 1 2022 SCC OnLine SC 302 2 (2020) 12 SCC 724 CRL.A NO.647 OF 2018 9 defence, despite presumption operating in favour of complainant regarding legally enforceable debt under Section 139 of N.I. Act, onus shifts again on the complainant to prove his financial capacity by leading evidenc…

The Commissioner of Income Tax vs. M/S Karnataka Bank Ltd

In the result, the appeal fails and accordingly the following:

Bench: The Hon'Ble Ms.Justice J.M.Khazi

…obable defence, despite presumption operating in favour of complainant regarding legally enforceable debt under Section 139 of N.I. Act, onus shifts again on the 8 2022 SCC OnLine SC 302 9 (2020) 12 SCC 724 CRL.A NO.405 OF 2018 10 complainant to prove his financial capacity by leading evidence, more particularly when it is a case of giving loan by cash and thereafter issue of cheque. 19. In Vijay Vs. Laxman and Anr (Vijay)10, K.Subramani Vs…

M/S Bangalore Electricity vs. The Assistant Commissioner of Income Tax

In the result, the petition

Bench: The Hon'Ble Ms.Justice J.M.Khazi

…as deposed that he is a coffee planter and he was having cash in respect of sale of coffee since 2-3 years. He is not assessee to Income tax. During his cross-examination a suggestion is 1 (2020) 12 SCC 724 CRL.RP NO.573 OF 2019 12 made to the complainant that he has taken loan for raising coffee crop which he has admitted. Though this suggestion indicates that he is having coffee plantation, the complainant has not chosen to produce any documents to show the exact income by coffee plantation. He could have produced some documents to sho…

Pr.Commissioner vs. M/S Shriram Chits

Bench: The Hon'Ble Ms Justice J.M.Khazi Criminal Appeal No.814 Of 2018 Between:

…aidu (K.Surbamani)10 and K.Prakashan Vs. P.K.Surenderan (K.Prakashan)11, also the Hon'ble Supreme Court held that the presumption under Section 139 of N.I. Act, is a rebuttable presumption and 8 (2020) 12 SCC 724 9 (2013) 3 SCC 86 10 (2015) 1 SCC 99 11 (2008) 1 SCC 258 - 11 - CRL.A No. 814 of 2018 NC: 2024:KHC:8706 when accused rebut the same by preponderance of probabilities, it is for the complainant to prove his case beyond reasonable doubt including the financial capacity. 21. In the light of ratio in the above decisions, it…

Commissioner of Income Tax vs. Sri M.R.Padmavathy (Indl)

In the result, all the appeals

Bench: The Hon'Ble Ms.Justice J.M.Khazi

…19. In APS Forex vs Shakti International Fashion Linkers Pvt. Ltd (APS Forex)11, the Hon'ble Supreme Court held that when accused raises issue of financial 10 2022 SCC OnLine SC 302 11 (2020) 12 SCC 724 CRL.A NO.12 OF 2015 c/w CRL.A NO.13 OF 2015 CRL.A NO.14 OF 2015 CRL.A NO.15 OF 2015 15 capacity of complainant, in support of his probable defence, despite presumption operating in favour of complainant regarding legally enforceable debt un…

The Director of Income Tax vs. M/S. Synopsys International Ltd

In the result, the appeal fails and

Bench: The Hon'Ble Ms Justice J.M.Khazi Criminal Appeal No.93 Of 2015 Between:

…Naidu (K.Subramani)7 and K.Prakashan Vs. P.K.Surenderan (K.Prakashan)8, also the Hon'ble Supreme Court held that the presumption under Section 139 of N.I. Act, is a rebuttable presumption and 5 (2020) 12 SCC 724 6 (2013) 3 SCC 86 7 (2015) 1 SCC 99 8 (2008) 1 SCC 258 - 11 - CRL.A No. 93 of 2015 NC: 2024:KHC:13678 when accused rebut the same by preponderance of probabilities, it is for the complainant to prove his case beyond reasonable doubt including his financial capacity. 20. Keeping in mind the ratio in the above decisions o…

The Commisioner of Income-Tax vs. M/S.Clear Water Technologies

The appeal is dismissed

Bench: The Hon’Ble Mrs Justice K.S.Mudagal

…d. Vs. Shakti International Fashion Linkers1 2. Bhupesh Rathod v. Dayashankar Prasad Chaurasia2 3. K.S.Ranganatha Vs. Vittal Shetty3 4. Sripati Singh v. The State Of Jharkhand4 1 (2020) 12 SCC 724 2 2021 SCC Online SC 1031 3 2021 SCC Online SC 1191 4 2021 SCC Online SC 1002 Crl.A.No.391/2014 7 M 5. Sumeti Vij Vs. M/s Paramount Tech Fab Industries5 6. Triyambak S Hegde Vs. Sripad6 7. SBI Global Factors Ltd. Vs. State of Maharashtra and Ors.7 8. In Re: Expeditions Trial of Cases under…

Kasturba Road

In the result, the appeal fails and

Bench: The Hon'Ble Ms Justice J.M.Khazi Criminal Appeal No.93 Of 2015 Between:

…Naidu (K.Subramani)7 and K.Prakashan Vs. P.K.Surenderan (K.Prakashan)8, also the Hon'ble Supreme Court held that the presumption under Section 139 of N.I. Act, is a rebuttable presumption and 5 (2020) 12 SCC 724 6 (2013) 3 SCC 86 7 (2015) 1 SCC 99 8 (2008) 1 SCC 258 - 11 - CRL.A No. 93 of 2015 NC: 2024:KHC:13678 when accused rebut the same by preponderance of probabilities, it is for the complainant to prove his case beyond reasonable doubt including his financial capacity. 20. Keeping in mind the ratio in the above decisions o…

Commissioner of Income Tax vs. Agricultural Market Committee

Appeal is allowed, the judgment passed by the learned Trial Court is set

Bench: The Learned Trial Court) Was Acquitted Of The Commission Of An Offence Punishable Under Section 138 Of The Negotiable Instruments Act, 1881 (Ni Act). (The Parties Shall Hereinafter Be Referred To In The Same Manner As They Were Arrayed Before The Learned Trial Court For Convenience) 1 Whether Reporters Of Local Papers May Be Allowed To See The Judgment? Yes.

…the case of Kumar Exports (supra), wherein it was further held that bare denial of passing of consideration would not aid the case of the accused.” 22 28. Similar is the judgment in APS Forex Services (P) Ltd. v. Shakti International Fashion Linkers (2020) 12 SCC 724, wherein it was observed:- 7.2. What is emerging from the material on record is that the issuance of a cheque by the accused and the signature of the accused on the said cheque are not disputed by the accused. The accused has also not disputed that there were transactions between the parties. Even as per the statement of the accused, which…