GST | Court Should Not Presume Denial Of Bail Is Rule: Punjab & Haryana High Court Grants Bail In ₹23.66 Cr Fake ITC Case

The Punjab and Haryana High Court held that even in cases involving economic offences under the CGST Act, courts must not proceed on the presumption that “Denial of Bail is the Rule and grant being the exception”. Justice Aaradhna Sawhney stated that even in cases involving economic offences, the Court seized of the matter has to go through the gravity of the offence, the object of the Act, the attending circumstances, etc. Thus, economic offences cannot be categorised in one group,...

Punjab & Haryana High Court Directs CBDT To Issue Circular Extending ITR Due Date For Audit Cases To 30.11.2025 For A.Y. 2025-26

The Punjab and Haryana High Court has directed the CBDT (Central Board of Direct Taxes) to issue a circular extending the ITR (Income Tax Return) due date for audit cases to 30.11.2025 for the Assessment Year 2025-2026. Justices Lisa Gill and Meenakshi I. Mehta were addressing a petition filed by the assessee/petitioner seeking a direction to the Central Board of Direct Taxes to extend the due date for filing of tax audit reports for a reasonable period from 30.09.2025 and,...

Punjab & Haryana High Court Quashes Negative Blocking of ITC Under Rule 86A; Holds Ledger Cannot Be Blocked Beyond Available Credit

The Punjab & Haryana High Court has quashed orders that disallowed debit from Electronic Credit Ledgers of taxpayers in excess of the Input Tax Credit (ITC) available at the time of passing of the said order. The Division Bench comprising, Justice Lisa Gill and Justice Meenakshi I. Mehta followed the principles judicial reasoning for blocking of Electronic Credit Ledger under Rule 86-A as enumerated by Gujarat High Court in case of Samay Alloys and thereafter by Delhi High Court in case of...

Income Tax Act | Reassessment Beyond Four Years Invalid When Original Assessment Finalised U/S 143(3): Punjab & Haryana High Court

The Punjab and Haryana High Court has held that re-assessment proceedings beyond four years are invalid when the original assessment has been finalised under Section 143(3) of the Income Tax Act. In case of an Assessment under Section 143(3) of the Income Tax Act, a scrutiny is carried out to confirm the correctness and genuineness of various claims, deductions, etc., made by the taxpayer in the return of income. Justices Lisa Gill and Meenakshi I. Mehta stated that the assessing ...

Punjab & Haryana High Court Stays Injunction Against Radico Khaitan In 'Kashmyr'-'Cashmir' Trademark Dispute Over Deceptive Similarity

The Punjab and Haryana High Court has stayed an order of the Commercial Court, Karnal which had restrained Radico Khaitan Ltd. from using the mark “Kashmyr” for its liquor products following a trademark suit initiated by Picadilly Agro Industries Ltd., proprietor of the marks “Cashmir” and “Cashmere.” A Division Bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the order on October 9, 2025 while hearing an appeal filed by Radico Khaitan against the...

'Stranger' Facing No Direct Prejudice Can't Seek Cancellation Of Bail: P&H High Court Declines Plea Against IREO MD's Bail In PMLA Case

The Punjab and Haryana High Court has refused to cancel the bail granted to the Managing Director of IREO Group, observing that a stranger to the case, who has not suffered any direct prejudice, has no legal standing to seek cancellation of bail.A plea for cancellation was filed by a person stating to be a practising Advocate and a "prospective home buyer", alleging that the MD has transferred his property despite a restriction, and the inaction on the part of the Enforcement Directorate (ED)...

'Remained Uncooperative': Punjab & Haryana High Court Rejects Ex-MLA Dharam Singh Chokker's Plea Challenging ED Arrest In PMLA Case

The Punjab and Haryana High Court has dismissed the petition filed by former Haryana MLA Dharam Singh Chokker, who had challenged his arrest by the Enforcement Directorate (ED) under the provisions of the Prevention of Money Laundering Act (PMLA), 2002.It is alleged that the Company owned by Chokker and his family, Mahira Infratech Pvt Ltd had collected Rs 363 crore from homebuyers for the construction of 1,500 flats to be delivered in 2021-2022. The company accounts, funds were allegedly...

Failure To Notify GST Commissioner About Partner's Retirement Makes Ex-Partner Liable For Firm's GST: Punjab & Haryana High Court

The Punjab and Haryana High Court stated that failure to notify commissioner of partner's retirement makes former partner liable for firm's GST. Section 90 of the CGST Act, 2017 extends the liability in case of partnership firm to its partners as well. Justices Lisa Gill and Sudeepti Sharma stated that “intimation of retirement of partner has to be given to the Commissioner by notice in writing and that in case, no such intimation is given within one month from the date of...

PMLA | Not Mandatory For Court To Conclude That Accused Is Innocent Before Granting Bail: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that for the purpose of granting bail to an accused under the Prevention of Money Laundering Act (PMLA), it is not a mandatory requirement that the Court must arrive at a finding that the petitioner had not committed any offence under the PMLA.Justice N.S. Shekhawat said, "Therefore, this Court has no hesitation to hold that the restrictions, while considering the matter of bail, are required to be construed reasonably. If the Court comes to the...

[PMLA] 'No Possibility Of Trial Being Concluded In Reasonable Time': Punjab & Haryana HC Grants Bail To Builder Accused Of Cheating Home Buyers

The Punjab & Haryana High Court has granted bail to a director of a company accused under the Prevention of Money Laundering Act (PMLA) for fabricating bank guarantees as well as cheating 1500 prospective home buyers.It was alleged that SIkander Singh failed to complete the projects as per time schedule and did not deliver the flats as per agreed terms & conditions, thus, he misappropriated the funds and cheated the home buyers to the tune of about Rs.363 Crore.Justice Mahabir Singh...

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13(1) of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return of a petition filed under Section 34 of the 1996 Act for presentation to the appropriate court. Brief Facts: The appellant, M/s...

Pendency Of Civil Or Criminal Litigation Between Partners Cannot Estop Either Partner From Invoking Arbitration Clause: Punjab and Haryana HC

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that pendency of a civil and criminal litigation inter se partners, cannot estop one of the partners from invoking the arbitration clause or bar the reference of dispute for adjudication to an arbitrator for determination. Brief Facts: This petition has been filed under Section 11 (6) of the Arbitration Act to adjudicate the disputes and differences between the parties. The petitioner submitted that the...