Punjab & Haryana High Court Mandates CIN, DIR-12 For Cheque-Bounce Complaints Against Companies

The Punjab and Haryana High Court has recently directed that, from now on, cheque-bounce complaints against companies must carry the company's Corporate Identification Number (CIN) and a certified copy of Form DIR-12. The documents must help establish that the persons being arraigned were actually responsible for the company's affairs when the cheque was issued or dishonoured.The CIN is the company's unique identification number. The court wants it to be taken from the Ministry of Corporate...

Punjab And Haryana High Court Orders Release Of Roasted Areca Nuts Detained Since November 2024

The Punjab and Haryana High Court on 17 August directed the release of imported roasted areca nut consignments that had remained detained in Customs bonded warehouses since November 2024. A Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor found that the Central Revenue Control Laboratory (CRCL), New Delhi had classified the goods as “dried” rather than “roasted” based only on their physical appearance and colour, without applying the scientific...

Husband Cannot Claim Capital Gains Exemption For Property In Wife's Name: Punjab & Haryana High Court

The Punjab and Haryana High Court on 12 August held that capital gains exemption under Section 54 of the Income Tax Act cannot be claimed where a residential property is sold and the proceeds are reinvested in another residential property purchased solely in the name of the taxpayer's wife. A Division Bench of Justices Deepak Sibal and Rupinderjit Chahal dismissed an appeal filed by Subh Karan Yadav, a retired government employee, against the order of the Income Tax Appellate Tribunal (ITAT)...

Punjab and Haryana High Court Sets Aside IT Assessment Order Against UCWeb Mobile During Pendency Of DRP Proceedings

The Punjab and Haryana High Court has recently set aside the final assessment order passed against UCWeb Mobile Private Ltd. while its objections to the draft assessment order were pending before the Dispute Resolution Panel (DRP).The court held that the assessment violated the procedure prescribed under Section 144C of the Income-tax Act, which requires the Assessing Officer to pass the final assessment in conformity with directions issued by the DRP after considering the assessee's...

Punjab & Haryana High Court Directs Release Of JK Cement GST Refund Despite Revenue Appeal

The Punjab and Haryana High Court has directed the Revenue to release a GST refund to JK Cement Works, holding that the company cannot be denied the refund merely because the Revenue has challenged the refund order before the Appellate Tribunal.The Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the order on a petition filed by the cement manufacturer, which has a manufacturing unit at Jharli, Haryana.The company had secured an order allowing...

Punjab & Haryana HC Grants Bail To Two Accused In ₹197 Cr. GST Fraud Case, Holds Allegations Need Trial

The Punjab and Haryana High Court on 29 July granted regular bail to two accused in a Goods and Services Tax (GST) fraud case involving an alleged loss of around Rs. 197.39 crore to the government exchequer, holding that the allegations would have to be tested at trial where the case was largely based on documentary and electronic evidence and the prosecution witnesses were government officials. Justice Shalini Singh Nagpal passed the order in petitions arising from a complaint filed by the...

Director Cannot Be Prosecuted For Company's GST Offence Without Arraigning It: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a director cannot be prosecuted for a company's GST offence without the company itself being arraigned as an accused. It quashed the criminal complaint against Manoj Bansal, a director of Nikita Industries Pvt. Ltd.Justice Shalini Singh Nagpal observed, “In the absence of M/s NIPL, being arraigned as an accused, the complaint against petitioner, a Director of the Company would not be maintainable. Unless the company is prosecuted, no vicarious...

Punjab & Haryana HC Denies Bail In ₹5.44 Crore Roselyn Square Case, Says Allegations Go Beyond Delay

The Punjab and Haryana High Court on 16 July held that allegations of cheating, forgery, criminal breach of trust and conspiracy in connection with a real estate project go beyond a simple dispute over delayed possession or non-payment of assured returns. Justice Virinder Aggarwal dismissed the regular bail plea of Bhupinder Singla, Director of Robus Landcorp Pvt. Ltd., who was accused in the “Roselyn Square” commercial project case, noting that the investigating agency had collected prima...

Punjab and Haryana High Court Quashes ₹59.77 Lakh Stamp Duty Demand Initiated Beyond Limitation

The Punjab and Haryana High Court on 15 July held that proceedings for recovery of deficient stamp duty cannot be initiated after the expiry of the statutory limitation period, and that stamp duty liability must be determined based on the market value and nature of the property as they existed on the date of execution and registration of the sale deed. Justice Kuldeep Tiwari allowed a writ petition filed by Sandeep Singh and another and set aside the orders passed by the Collector and the...

Arbitral Award Can Be Executed Anywhere In India Where Decree Can Be Enforced: Punjab And Haryana High Court

The Punjab and Haryana High Court has recently ruled that an arbitral award can be executed before any court where the judgment debtor's assets are located and is not restricted to the place where the award was passed. Dismissing a writ petition filed by the Union of India and others against Triveni Constructions, Justice Jasgurpreet Singh Puri observed that once an arbitral award is made, the arbitrator's mandate comes to an end and the award is not the decree of any particular court. ...

Bona Fide Classification Dispute Cannot Establish Tax Evasion Intent For Penalty: Punjab & Haryana HC

The Punjab and Haryana High Court on 20 July held that a bona fide classification dispute cannot, by itself, establish an intention to evade tax for imposing penalty under the Punjab Value Added Tax (PVAT) Act. A Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor allowed the appeal filed by Intex Technologies (India) Ltd. and set aside the penalty of Rs. 94,500 imposed under the PVAT Act for allegedly attempting to evade tax on mobile phone accessories....

Punjab &Haryana High Court Grants Bail To Ludhiana Trader Accused Of ₹9.66 Crore Fake GST ITC Fraud

The Punjab & Haryana High Court has granted regular bail to a Ludhiana-based businessman accused of fraudulently availing Input Tax Credit (ITC) of nearly ₹9.66 crore under the GST regime.It observed that continued incarceration was not justified when the prosecution case was based primarily on documentary evidence.Justice Surya Partap Singh, while deciding the bail plea of Rohit Kumar Gupta, proprietor of Maa Steel, Ludhiana, noted that the petitioner had remained in custody for more than...