Delhi High Court

Delhi High Court Rejects Revenue's Plea Against SpiceJet Over Foreign Currency Convertible Bond Tax Dispute
The Delhi High Court has dismissed two appeals filed by the Income Tax Department against SpiceJet Ltd., holding that the tax treatment of premium payable on redemption of Foreign Currency Convertible Bonds (FCCBs) is a settled issue.A division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta observed that the issue raised by the Revenue—whether the expenditure on FCCB redemption premium ought to be spread over the five-year life of the bonds instead of being claimed in the first...

Delhi High Court Sets Aside ₹16.74 Crore Tax Disallowance Enhancement Against Sahara India Over Lack of Notice
The Delhi High Court has held that the Commissioner of Income Tax (Appeals) cannot enhance a tax disallowance without first issuing a statutory notice to the assessee, observing that failure to do so violates both Section 251(2) of the Income Tax Act, 1961 and the principles of natural justice.The division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta thus set aside the enhancement of a disallowance from ₹11.05 crore to ₹16.74 crore made against Sahara India Commercial Corporation...

Delhi High Court Orders Winding Up of Paytm Payments Bank On RBI Plea
The Delhi High Court has recently ordered the winding up of Paytm Payments Bank Ltd on a petition filed by the Reserve Bank of India (RBI) under Sections 38 and 39 of the Banking Regulation Act, 1949. The bank had decided not to oppose the regulator's action.Justice Anish Dayal accepted the RBI's plea for winding up the company and appointed Girikumar M. Nair as the Official Liquidator."The prayer of the RBI seeking winding up of the company under Section 38 read with Section 39 of the Banking...

Delhi High Court Admits Appeal On Taxability Of Demonetisation-Era Cash Deposits
The Delhi High Court has admitted the Income Tax Department's appeal against an ITAT order deleting additions to income based on an assessee's cash deposits made during the demonetisation period.A Division Bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta agreed to examine whether the Tribunal rightly deleted the addition under Section 69A of the Income Tax Act, relating to cash deposits made during the demonetisation period, despite the Revenue's contention that the deposits were...

Delhi High Court Stays Draft Assessment Order Against American Express, Admits Transfer Pricing Appeal
The Delhi High Court has stayed the operation of a draft assessment order passed against American Express Banking Corporation (India Branch) while admitting the company's income tax appeal raising multiple questions of law relating to transfer pricing adjustments, including the validity of the Bright Line Test (BLT) and the Transfer Pricing Officer's (TPO) methodology.A division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta noted that by an interim order dated May 29, 2026, it had...

Delhi High Court Temporarily Restrains Uttarakhand University From Using 'Maharaja Agrasen' Name In Trademark Dispute
The Delhi High Court has restrained Maharaja Agrasen Himalayan Garhwal University, Uttarakhand, from using the name "Maharaja Agrasen" in any manner till the next date of hearing, holding that its adoption of the name was mala fide and dishonest.Justice Jyoti Singh passed the interim order in a suit filed by Maharaja Agrasen Technical Educational Society (Regd.), which runs several institutions under the "Maharaja Agrasen" family of marks.The plaintiff submitted that it is a charitable society...

Delhi High Court Temporarily Restrains Ahmedabad Firm From Using VOLVO Trademark For Elevator Parts
The Delhi High Court has granted an ex parte ad-interim injunction restraining Ahmedabad-based elevator components manufacturer Shree Vishwakarma Engineering Works from using the mark "VOLVO" or any deceptively similar mark in relation to elevator components. Justice Jyoti Singh passed the order on July 22 in a trademark infringement suit filed by Swedish automotive company Aktiebolaget Volvo and its group companies. The Volvo group said it adopted the trademark and trade name "VOLVO" on...

Delhi High Court Dismisses Parle's Appeal Against Rival Biscuit Maker's '20-20' Trademark Registration
The Delhi High Court on Tuesday dismissed Parle Products Pvt. Ltd.'s challenge to the registration of the trademark "20-20" in favour of a rival biscuit manufacturer. It held that, in the present registration dispute, Parle's subsequent commercial use of the mark could not defeat the rival company's earlier trademark application.A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora observed that the rival company's non-use of the mark for several years was...

Delhi High Court Orders Meta To Share User Details, IP Logs In Suit Over Fake Copyright Strikes
The Delhi High Court has directed Meta Platforms Inc. to furnish subscriber information and IP logs relating to people alleged to have misused its copyright reporting system to extort digital content creator Mohammed Nawaz Shaikh.Justice Anup Jairam Bhambhani passed the order in a suit filed by Shaikh against unidentified persons. The plaintiff alleged that one of them operated through fabricated identities.Shaikh filed the suit seeking a permanent and mandatory injunction to restrain...

Delhi High Court Seeks Centre, Meta's Reply On PIL Alleging Misuse Of Instagram Copyright Strike Mechanism
The Delhi High Court on Tuesday issued notice to the Union of India, the Ministry of Home Affairs, Meta Platforms Inc. and the Government of NCT of Delhi in a public interest litigation alleging that Instagram's automated copyright-strike mechanism is being exploited by organised cyber criminals to extort digital content creators.A Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora sought responses from the respondents on the plea filed by content creator Nitin...

Delhi High Court Upholds Arbitral Award, Relies On Registered Lease Deed Over Oral Claim Of Joint Venture
The Delhi High Court has recently upheld a partial arbitral award directing a hospital operator to hand over possession of leased premises. It held that an oral claim of a collaborative venture cannot override the clear terms of a registered lease deed when there is no written agreement to support it.Justice Om Prakash Shukla observed that arbitral tribunals are not bound by the Indian Evidence Act. However, they can draw guidance from its underlying principles. In this case, the parties had...

CGST Act Has No Provision To Exempt Mandatory Pre-Deposit For Appeal: Delhi High Court
The Delhi High Court has recently held that there is no provision under the Central Goods and Services Tax (CGST) Act, 2017, to exempt an assessee from the mandatory pre-deposit required for filing a statutory appeal.A division bench of Justices Anil Kshetrapal and Shail Jain thus declined to entertain a trader's writ petition challenging cancellation of a GST registration.According to the petitioner, its GST registration had been cancelled on the allegation that the firm was non-existent and...
