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The Bar Bulletin

Arbitration Clause Cannot Bar IBC

NCLAT: Arbitration Clause Cannot Bar Operational Creditor from Invoking Section 9 IBC

Posco International Corporation vs Mohana Cotton Ginning Private Limited [Decided on August 27, 2026]
ITAT

‘Only Profit Element Counts as ‘Income Chargeable to Tax’: ITAT Quashes Reopening Notices Where Alleged Unaccounted Purchases Fell Below ₹50 Lakh Threshold

Joint Commissioner of Income Tax vs Ramesh Kumar [Decided on September 01, 2026]
Ex-Servicemen Disability Pension Claims

Beneficial Construction Wins: SC Reads Down Entitlement Rules for Casualty Pensionary Awards, 2008 to Shield Ex-Servicemen’s Disability Pension Claims

Union of India vs Col. NC ISAAC (Retd.) [Decided on September 15, 2026]
Justice J.B. Pardiwala and Justice K. Vinod Chandran

Supreme Court Quashes Criminal Proceedings Against Trust in IMAP Money Trail Case, Says Trust Is Not a Juristic Person and Cannot Be Prosecuted

Madasa Masih-UI-Uloom Educational and Charitable Trust vs State of Karnataka [Decided on September 10, 2026]
NCLT

SRA is Not ‘Promoter’ Under RERA at Plan-Approval Stage; NCLT Rejects Homebuyer’s Bid to Inject RERA Refund Rights into Approved Resolution Plan

Vivek Talwar vs Rajesh Jhunjhunwala [Decided on September 09, 2026]
MVAT Six-Monthly Return Filing

Bombay High Court Quashes Interest Levy on Microsoft, Holds Six-Monthly MVAT Return Filing Valid Despite Rs. 41 Crore Tax Deferral

Microsoft Corporation (India) Pvt Ltd. vs State of Maharashtra [Decided on September 10, 2026]