Delhi High Court
MBBS Seat Row: Delhi High Court Quashes Executing Court's Order Compelling Jamia Hamdard University To Grant Consent Of Affiliation
The Delhi High Court on 17th December set aside an order dated 8th December 2025, of the Executing Court which directed Jamia Hamdard Deemed to be University to issue a Consent of Affiliation (CoA) for 150 MBBS seats at the Hamdard Institute of Medical Sciences & Research (HIMSR). The Court ruled that the executing court had acted beyond its jurisdiction by deciding matters outside the scope of the arbitral order and the statutory framework. A Division Bench comprising of Justices Anil...
Income Tax Act | S.153C Trigger Starts On Handing-Over Date, Not Search Date: Delhi High Court
The Delhi High Court has dismissed an appeal filed by the Principal Commissioner of Income Tax (Central), Gurugram, upholding the Income Tax Appellate Tribunal's order which had rejected a reassessment notice issued under Section 153C of the Income Tax Act for AY 2013-14. A Division Bench of Justice V. Kameswar Rao and Justice Vinod Kumar held that the six-year block period under Section 153C must be computed from the date when seized documents were handed over to the Assessing Officer...
Can GST Be Levied On Medicines Supplied During In-Patient Treatment? Delhi High Court To Examine
The Delhi High Court will examine whether GST can be demanded on medicines and consumables supplied to patients as part of inpatient treatment.The court issued notice in a writ petition filed by Escorts Heart Institute and Research Centre Limited, a wholly owned subsidiary of Fortis Healthcare, challenging a GST demand of Rs 6.66 crore, along with interest and penalty. A division bench of Justice Prathiba M Singh and Justice Shail Jain clarified that adjudication proceedings arising from the...
IPR Disputes On Same Issues Can Be Heard Together Even If Pending in Non-Commercial Courts: Delhi High Court
The Delhi High Court has recently ruled that intellectual property disputes involving the same or overlapping issues should be heard together to prevent parallel cases and conflicting decisions, even if some of those cases are pending before non-commercial courts. The court said its power to transfer cases under the Code of Civil Procedure is broad and continues to apply to intellectual property disputes. This power is not limited by the Intellectual Property Division (IPD) Rules, which mention...
Fraudulent CENVAT Credit Allegations Involving Complex Facts Not Fit For Writ Jurisdiction: Delhi High Court
The Delhi High Court has held that the precedents barring invocation of writ jurisdiction in cases involving complex GST/ ITC transactions equally apply to cases of fraudulent CENVAT Credit.A division bench of Justices Prathiba M. Singh and Renu Bhatnagar observed,“This Court has consistently taken the view that in cases involving fraudulent availment of ITC, ordinarily, the Court would not be inclined to exercise its writ jurisdiction…In such cases, it would be necessary to consider the burden...
Customs | Attending Weddings Can't Justify Indian Origin Foreigner Bringing Half Kilogram Gold Jewellery: Delhi High Court
The Delhi High Court has made it clear that under the garb of attending weddings where wearing gold jewellery is a common affair, a foreigner of Indian origin cannot be permitted to bring half kg gold jewellery to India.A division bench of Justices Prathiba M. Singh and Renu Bhatnagar further added that there was no explanation for the Petitioner, a US citizen, to bring 17 high value mobile phones (iPhones) to India and walk through the green channel.“A total of 17 mobile phones were brought by...
Export Held Up Due To Conflicting Lab Reports: Delhi High Court Asks Customs To Decide Pan Masala Exporter's Plea
The Delhi High Court has asked the Customs authorities to consider releasing the bank guarantee of a city-based pan masala exporter, forfeited after conflicting lab reports about adulteration of its export products with tobacco.A division bench of Justices Prathiba M. Singh and Shail Jain observed that when no objections were found in the first lab test report (CRCL), “the circumstances which warranted the issuance of the second CRCL report are completely unknown and it does not specify as to...
GST Department Can't Raise Fresh Demands For Pre-CIRP Period After Resolution Plan Approval: Delhi High Court
The Delhi High Court has made it clear that the GST Department cannot raise fresh demands for a period prior to the commencement of the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code 2016, after the resolution plan has been approved by the NCLT.A division bench of Justices Prathiba M. Singh and Shail Jain held, “no demand can be raised after the resolution plan has been approved ,in respect of a period prior thereto.”For context, Petitioner was involved...
Delhi High Court Upholds Stay On ICC Arbitration In Oman-India Border Security Dispute, Dismisses MSA Global's Appeal
The Delhi High Court has upheld an anti-arbitration injunction issued by a single judge to discontinue an ICC arbitration between Engineering Projects India Ltd (EPIL) and MSA Global LLC (Oman). The Division Bench comprising of Hon'ble Mr. Justice Anil Kshetarpal and Hon'ble Mr. Justice Harish Vaidyanathan Shankar on 12th December, 2025 has affirmed that New Delhi was the arbitral seat and not Singapore and declared that the arbitration had become "oppressive and vexatious" particularly in view...
Prosecution Can Be Initiated Without Waiting For ITAT Penalty Confirmation In High-Value Cases: Delhi High Court
The Delhi High Court has made it clear that approval of collegium of two CCIT/DGIT rank officers is only required in cases where tax evaded is less than the threshold limit of ₹25 Lakh.A division bench of Justices V. Kameswar Rao and Vinod Kumar held, “the appropriate authority for initiating the prosecution proceedings would be the sanctioning authority i.e., the PCIT and not the collegium of two CCIT/DGIT rank officers since the tax to be evaded exceeds Rs. 25 lacs.”The observation was made...
Delhi High Court To Examine Whether Delhi Jal Board Qualifies As 'Local Authority' & Works Contract Services Would Attract 12% GST
In yet another writ petition, concerning works contract services provided to Delhi Jal Board, where its status as a 'Local Authority' was called-into-question, the Delhi High Court has stayed the summary Show Cause Notice under Section 73 of the CGST Act, 2017. A Division Bench comprising, Justice Prathiba M. Singh and Justice Shail Jain noted that few similar disputes relating to whether when rendering works contract services to Delhi Jal Board, the Construction Company treated it as...
SVLDR Scheme Can't Be Invoked For Fresh SCN Issued After Deadline Even If Arising From Same Dispute: Delhi High Court
The Delhi High Court dismissed a retail business' plea seeking benefit of government's tax amnesty scheme for a second show cause notice issued to it post the cut-off date, in pursuance of the first SCN.A division bench of Justices Prathiba M. Singh and Shail Jain clarified that mere reference to earlier SCN doesn't make subsequent SCN eligible under Sabka Vikas Legacy Dispute Resolution Scheme (SVLDR Scheme). It observed,“The mere fact that the SCN-II makes a reference to SCN-I would not mean...