High Court
Bogus Purchases: Bombay High Court To Examine If ITAT Can Limit Disallowance To Profit Margin
The Bombay High Court has recently admitted an Income Tax Appeal filed by the Department and will examine the correct approach to disallowance in cases involving bogus purchases. A Division Bench of Justice M S Karnik and Justice S.M. Modak, by an order dated February 5, 2026, admitted the Revenue's appeal against Chandrakant L. Nishar The Court recorded the submission of the Revenue's counsel that although the tax effect appeared to be less than Rs.2 crore, the appeal fell within an...
Delhi High Court Grants Ex-Parte Injunction Protecting 'TOI' Mark Against Impersonating Social Media Accounts
The Delhi High Court has recently granted an ex-parte ad-interim injunction to Bennett Coleman and Company Limited restraining the use of the marks TIMES OF INDIA, TOI MOVIES, TOI_MOVIES and TOIMOVIES_, or any identical or deceptively similar mark, by unauthorised social media account operators. The order was passed on February 20, 2026 by Justice Tushar Rao Gedela. The court noted that “The Times of India” was recognised as a well-known trademark by the Trade Marks Registry in 2024. It held...
Delhi High Court Treats 5.25% Withholding Certificate Issued To EY As Nil
The Delhi High Court has recently treated a 5.25% withholding tax certificate issued to Ernst & Young LLP (EY) under Section 195 of the Income Tax Act, 1961, as a NIL-rate certificate, holding that the tax officer acted contrary to an earlier binding order of the Court for the same assessment year.A Division Bench of Justices Dinesh Mehta and Vinod Kumar disposed of the writ petition filed by EY challenging the order of the Assistant Commissioner of Income Tax which had directed withholding...
Gujarat High Court Dismissed Appeal In GULAB vs ROSE Trademark Dispute, Warns Trial Court Against Superfluous Judgments
The Gujarat High Court has recently dismissed an appeal filed by Mangrol Oil Mill in its trademark dispute over “GULAB” groundnut oil. The Court refused to interfere with a Commercial Court order that denied interim injunction against Vikas Oil Industries, which markets edible oil under the mark “ROSE”. A Division Bench of Chief Justice Sunita Agarwal and Justice Sanjeev J. Thaker upheld the November 30, 2024 order of the Commercial Court at Morbi. The trial court had rejected the plaintiffs'...
Delhi High Court Sets Aside ₹232 Crore Ex Parte IT Assessment Against Nayati Healthcare During Insolvency
The Delhi High Court has recently set aside an ex-parte best judgment assessment assessing the Nayati Healthcare and Research NCR Private Limited's income at Rs. 232 crore, which was passed while the company was undergoing Corporate Insolvency Resolution Process (CIRP).A Division Bench of Justice Dinesh Mehta and Vinod Kumar allowed the writ petition filed by the assessee, observing that at the relevant time the company was under CIRP and neither the suspended management nor the Interim...
J&K&L High Court Dismisses Contractor's Arbitration Plea Against Railways After He Issued Unconditional No Claim Certificate
The Jammu & Kashmir& Ladkah High Court on 13 February 2026 held that once a contractor voluntarily executes a supplementary agreement rescinding the original contract and issues an unconditional “No Claim Certificate,” no arbitral dispute survives. A Bench of Justice Sanjeev Kumar dismissed the petition filed by H.P. Singh & Co. under Section 11(6) of the J&K Arbitration and Conciliation Act, 1997, seeking appointment of an independent arbitrator against the Union of India and...
Matching Solutions Not Taxable Under India–US DTAA: Delhi High Court Grants NIL TDS Relief To Refinitiv US
The Delhi High Court has recently set aside a 15% tax withholding certificate issued to Refinitiv US LLC, a financial market data company under Section 197 of the Income Tax Act, 1961.A Division Bench of Justices Dinesh Mehta and Vinod Kumar directed the tax authorities to issue a NIL TDS certificate in respect of income earned from its Matching Solutions services, holding that such income is not taxable in India under the India–US Double Taxation Avoidance Agreement (DTAA).The development comes...
Airline Operations Exempt Under India-UK DTAA: Delhi High Court Directs NIL TDS Certificate For British Airways
The Delhi High Court has set aside an order of the Income Tax Department issuing a 0.1% TDS certificate to British Airways under Section 197 of the Income Tax Act, 1961.A Division Bench of Justices Dinesh Mehta and Vinod Kumar directed the authorities to issue a NIL TDS certificate, holding that income from airline operations is exempt under the India–UK Double Taxation Avoidance Agreement (DTAA).The development comes in a petition moved by British Airways, a tax resident of the United Kingdom,...
Delhi High Court Temporarily Restrains 19 More Entities From Infringing JAQUAR Trademark
The Delhi High Court has recently extended an earlier ex-parte ad-interim injunction in favour of Jaquar And Company Private Limited after impleading 22 additional entities, restraining 19 of them from using the trademark “JAQUAR”.The Court restrained them from using the mark and directed banks to freeze accounts opened in a deceptively similar name. The relief was originally granted on November 3, 2025. At that stage, the Court recorded that Jaquar And Company Private Limited, the Indian...
Re-Export Option Lapses If Redemption Fine Paid After 120 Days: Gujarat High Court
The Gujarat High Court on 6 February, held that the 120-day timeline for payment of redemption fine under Section 125(3) of the Customs Act, 1962 is mandatory, and failure to pay within this period renders the re-export option void. A Bench comprising Justice A.S. Supehia and Justice Pranav Trivedi dismissed the writ petition filed by Goodwill Industries, while directing the refund of Rs. 12 lakh redemption fine and retaining the Rs. 8 lakh penalty imposed by the Adjudicating Authority. The...
GST Registration Cannot Be Cancelled Based On Investigative Dictation Alone: Gauhati High Court
The Gauhati High Court on 17 February, held that cancellation of GST registration cannot be sustained when it is based on vague allegations and issued at the behest of the investigating wing, without independent application of mind by the proper officer. A Bench of Justice Arun Dev Choudhury allowed a writ petition was filed by Ankit Choudhary, sole proprietor of Ankit Enterprises, challenging a show cause notice, the subsequent order cancelling his GST registration, and the order rejecting...
Punjab & Haryana High Court Bars Higher Bank Guarantee Demand For Delay In Releasing Seized Jewellery
The Punjab and Haryana High Court on 18 February, directed the Income Tax Department to immediately release jewellery seized from the Sanjeet Singh and other petitioners, holding that the department cannot demand a higher bank guarantee due to an increase in gold prices when the delay in release was solely attributable to administrative lapses of the authorities. A Division Bench of Justice Deepak Sibal and Justice Lapita Banerji allowed a writ petition which sought the release of jewellery...










