Delhi High Court Weekly Round-Up: April 28 To May 04, 2025

Nupur Thapliyal

8 May 2025 9:30 AM IST

  • Delhi High Court Weekly Round-Up: April 28 To May 04, 2025

    Citations 2025 LiveLaw (Del) 482 to 2025 LiveLaw (Del) 508NOMINAL INDEXM/S L-1 Identity Solutions Operating Company Private Limited v. Assistant Commissioner Of Income Tax, Central Circle – 25 2025 LiveLaw (Del) 482M/S. Vallabh Textiles v. Additional Commissioner Central Tax GST, Delhi East And Ors 2025 LiveLaw (Del) 483Rajbir Singh v. Union Of India & Ors. 2025 LiveLaw (Del)...

    Citations 2025 LiveLaw (Del) 482 to 2025 LiveLaw (Del) 508

    NOMINAL INDEX

    M/S L-1 Identity Solutions Operating Company Private Limited v. Assistant Commissioner Of Income Tax, Central Circle – 25 2025 LiveLaw (Del) 482

    M/S. Vallabh Textiles v. Additional Commissioner Central Tax GST, Delhi East And Ors 2025 LiveLaw (Del) 483

    Rajbir Singh v. Union Of India & Ors. 2025 LiveLaw (Del) 484

    Mukesh Gupta @ Mukesh Kumar Gupta vs. CBI 2025 LiveLaw (Del) 486

    CBI vs. Avnish Kumar & Ors 2025 LiveLaw (Del) 487

    Ankit Khandelwal v. Income Tax Officer & Ors. 2025 LiveLaw (Del) 488

    San Nutrition Private Limited vs. Arpit Mangal & Ors 2025 LiveLaw (Del) 489

    Sukhbir S. Dagar v. Income Tax Officer, Ward 24(3) 2025 LiveLaw (Del) 490

    Bharat Sanchar Nigam Ltd Versus Vihaan Networks Ltd 2025 LiveLaw (Del) 491

    M/S Gmt Garments v. Union Of India & Ors. 2025 LiveLaw (Del) 492

    Yashvardhan v. Union of India & Anr. 2025 LiveLaw (Del) 493

    ANSH JINDAL v. State and other connected matter 2025 LiveLaw (Del) 494

    Anand Mehta v. Director General Of Foreign Trade 2025 LiveLaw (Del) 495

    Railtel Corporation of India Limited v. Primatel Fibcom Limited 2025 LiveLaw (Del) 496

    SHAFEEQ AHMAD & ORS v. STATE OF NCT OF DELHI & ANR 2025 LiveLaw (Del) 497

    Rajesh Ranjan vs. Union Of India And Ors 2025 LiveLaw (Del) 498

    Amit Agrawal v. STATE OF NCT DELHI & ORS. 2025 LiveLaw (Del) 499

    LAKSHMI MURDESHWAR PURI v. SAKET GOKHALE 2025 LiveLaw (Del) 500

    M/S Montage Enterprises Private Limited (Through Its Authorized Representative Sanjay Kumar Singh) & Ors. v. Central Goods And Services Tax Delhi North & Ors. 2025 LiveLaw (Del) 501

    Shri Sai Ram Enterprises v. Pr. ADG, DGGI, Gurugram & Anr. 2025 LiveLaw (Del) 502

    M/s Jai Opticals v. GNCTD 2025 LiveLaw (Del) 503

    Mohit Kumar Goyal v. State of NCT of Delhi And Ors 2025 LiveLaw (Del) 504

    N. DEEPIKA & ORS. v. UNION OF INDIA & ANR. 2025 LiveLaw (Del) 505

    Pradeep Kumar v. Union of India 2025 LiveLaw (Del) 506

    M/S Zine Davidoff SA v. Union Of India And Anr 2025 LiveLaw (Del) 507

    The Pr. Commissioner Of Income Tax - International Taxation -1 v. Bharti Airtel Ltd 2025 LiveLaw (Del) 508

    Income Alleged To Have Escaped Assessment In Different Years Can't Be Consolidated To Meet ₹50 Lakh Threshold U/S 149 Of Income Tax Act: Delhi HC

    Case title: M/S L-1 Identity Solutions Operating Company Private Limited v. Assistant Commissioner Of Income Tax, Central Circle – 25

    Citation: 2025 LiveLaw (Del) 482

    The Delhi High Court has held that an Assessing Officer cannot add income that allegedly escaped assessment in different previous years, to meet the threshold of ₹50 lakh prescribed under Section 149(1)(b) of the Income Tax Act 1961 for initiating reassessment action after lapse of three years.

    CGST Act | Right To Cross-Examine Is Not An Unfettered Right At SCN Stage, Party Must Specify Reasons: Delhi High Court

    Case title: M/S. Vallabh Textiles v. Additional Commissioner Central Tax GST, Delhi East And Ors

    Citation: 2025 LiveLaw (Del) 483

    While dealing with a case under the Central Goods & Services Tax Act 2017, the Delhi High Court has held that though cross-examination can be granted in certain proceedings if it is deemed appropriate, the right to cross-examine cannot be an unfettered right.

    Delhi HC Flags Rampant Misuse Of Duty Drawback Scheme By Exporters, Says No Limitation For Proceeding Against Availment Of Excess Duty

    Case title: Rajbir Singh v. Union Of India & Ors.

    Citation: 2025 LiveLaw (Del) 484

    The Delhi High Court has flagged the rampant misuse of the Central government's Duty Drawback Scheme by various exporters.

    Unable To Decide Regular Matters Due To Acute Shortage Of Judges: Delhi High Court

    Case title: Mukesh Gupta @ Mukesh Kumar Gupta vs. CBI

    Citation: 2025 LiveLaw (Del) 486

    While allowing an accused to travel abroad for a Rotary club programme, the Delhi High Court observed that many regular matters cannot be heard due to an acute shortage of judges, and thus, in such circumstances, an individual cannot be deprived of travelling abroad, even for a leisure trip.

    Corruption In ED, CBI And Other Govt Departments Shakes Entire Edifice Of Investigating Machinery : Delhi High Court

    Case title: CBI vs. Avnish Kumar & Ors

    Citation: 2025 LiveLaw (Del) 487

    While granting remand of three government officials to the CBI, the Delhi High Court has observed that the allegation of conspiracy among officials of CBI, ED and other government departments for taking bribes “shakes the entire edifice” of the investigating machinery and thus necessitates interrogation by the investigating agency.

    Income Escapement | Value Determined At S.148A(d) Stage Relevant To Determine Threshold U/S 149 Of Income Tax Act: Delhi HC

    Case title: Ankit Khandelwal v. Income Tax Officer & Ors.

    Citation: 2025 LiveLaw (Del) 488

    The Delhi High Court has held that when determining whether a reassessment action meets the ₹50 lakh threshold prescribed under Section 149 of the Income Tax Act 1961, the value of income that allegedly escaped assessment as determined by the Assessing Officer at Section 148A(d) stage is relevant.

    Influencers' Video Criticizing Product Based On Lab Results Prime Facie Not Defamatory Against Brand: Delhi High Court

    Case title: San Nutrition Private Limited vs. Arpit Mangal & Ors

    Citation: 2025 LiveLaw (Del) 489

    The Delhi High Court has refused to grant a temporary injunction in favour of San Nutrition Private Limited in its plea against alleged defamation, disparagement and trademark infringement by four social media influencers who made videos featuring San Nutrition's 'Doctor's Choice' products.

    JCIT Not Empowered To Issue Sanction For Reassessment Under Proviso To S.151(1) Of Income Tax Act: Delhi High Court

    Case title: Sukhbir S. Dagar v. Income Tax Officer, Ward 24(3)

    Citation: 2025 LiveLaw (Del) 490

    The Delhi High Court has held that sanction for initiation of reassessment action against an assessee under the proviso to Section 151(1) of the Income Tax Act 1961, cannot be issued by the Joint Commissioner of Income Tax.

    Delhi High Court Dismisses BSNL's Appeal U/S 37 Of A & C Act, Upholds Arbitral Award Of Rs. 43.52 Crore

    Case Title: Bharat Sanchar Nigam Ltd Versus Vihaan Networks Ltd

    Citation: 2025 LiveLaw (Del) 491

    The Delhi High Court bench of Justices Vibhu Bakhru and Tejas Karia dismissed BSNL's appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) holding that the Single Judge correctly upheld the Arbitrator's finding that Vihaan Networks Limited carried out the work under the Advance Purchase Order, issued on BSNL's specific instructions, which was later withdrawn. Therefore, the Respondent was rightly compensated under the principle of quantum meruit for the losses incurred.

    SCN Uploaded On 'Additional Notices' Tab Of GST Portal Not Proper: Delhi High Court

    Case title: M/S Gmt Garments v. Union Of India & Ors.

    Citation: 2025 LiveLaw (Del) 492

    The Delhi High Court has made it clear that uploading of show cause notice by the GST department under the 'additional notices' tab on its portal is not proper as the assessee may miss it.

    Compassionate Appointment, An Exception To Regular Recruitment, Can Be Denied If Dependents Received Sufficient Benefits : Delhi HC

    Case Name : Yashvardhan v. Union of India & Anr.

    Citation: 2025 LiveLaw (Del) 493

    The Delhi High Court bench comprising of Justice Prateek Jalan held that compassionate appointment, an exception to regular recruitment, is granted only to relieve financial hardship after a government servant's death in service. It can be denied if the family is financially stable or has received sufficient benefits under various schemes.

    Mere Quarrels Or Fights In Marriage Or Family Not Sufficient For Abetment Of Suicide: Delhi High Court

    Title: ANSH JINDAL v. State and other connected matter

    Citation: 2025 LiveLaw (Del) 494

    The Delhi High Court has held that mere quarrels or fights in a marriage or family do not amount to the offence of abetment of suicide.

    Directors Not Personally Liable For Non-Fulfilment Of Company's Export Obligations Unless Specific Role Is Alleged: Delhi HC

    Case title: Anand Mehta v. Director General Of Foreign Trade

    Citation: 2025 LiveLaw (Del) 495

    The Delhi High Court has held that unless specific allegations which discuss the role of a director in the export performance are made, there is no question of finding the director personally liable for non-fulfilment of export obligations by the company.

    Separate Notice For Counter Claims U/S 21 Of A&C Act Not Required When Arbitration Proceedings Are Pending Between Parties: Delhi HC

    Case Title – Railtel Corporation of India Limited v. Primatel Fibcom Limited

    Citation: 2025 LiveLaw (Del) 496

    The Delhi High Court bench of Justice Subramonium Prasad has observed that where the disputes between the parties are already the subject matter of an earlier arbitral reference, a separate notice under Section 21, Arbitration and Conciliation Act, 1996 (“ACA”) would not be necessary for separate proceedings to adjudicate counter claims.

    False Rape Complaints Not Only Puts Unnecessary Load On Overflowing Dockets But Causes Injustice To Actual Victims: Delhi High Court

    Title: SHAFEEQ AHMAD & ORS v. STATE OF NCT OF DELHI & ANR

    Citation: 2025 LiveLaw (Del) 497

    The Delhi High Court has observed that false rape complaints not only puts unnecessary load on the overflowing dockets but also causes grave injustice to actual rape victims.

    Delhi High Court Dismisses Challenge To Provision On Limitation Under Contempt Of Courts Act

    Case title: Rajesh Ranjan vs. Union Of India And Ors

    Citation: 2025 LiveLaw (Del) 498

    The Delhi High Court has dismissed a petition challenging the vires of Section 20 of the Contempt of Courts Act, noting that the petitioner did not raise any substantial grounds to challenge the validity of the provision.

    Courts Should Actively Protect Right To Speedy Trial Of Accused Instead Of Waking Up Too Late And Lamenting The Delay: Delhi High Court

    Title: Amit Agrawal v. STATE OF NCT DELHI & ORS.

    Citation: 2025 LiveLaw (Del) 499

    The Delhi High Court said that it is crucial for courts to recognise and be conscious of the right of an accused to speedy trial and to prevent the same from being defeated, rather than wake-up much too late and lament that such right has been defeated.

    Justice Anup Jairam Bhambhani granted bail to a man in a cheating case, observing that trial will take a long time to conclude.

    Delhi High Court Rejects Saket Gokhale's Plea To Recall Order Asking Him To Apologize, Compensate Lakshmi Puri For Defamation

    Title: LAKSHMI MURDESHWAR PURI v. SAKET GOKHALE

    Citation: 2025 LiveLaw (Del) 500

    The Delhi High Court rejected a plea filed by Trinamool Congress MP Saket Gokhale seeking recall of a ruling asking him to put an apology on social media and pay Rs. 50 lakh damages to Lakshmi Puri, former Indian Assistant Secretary-General to the United Nations, in a defamation case filed by her.

    Justice Purushaindra Kumar Kaurav also dismissed Gokhale's application for condonation of delay in seeking his relief.

    Delhi High Court Denies Relief To Firm Allegedly Involved In ₹550 Crore GST Fraud, Questions Its Conduct Before Dept

    Case title: M/S Montage Enterprises Private Limited (Through Its Authorized Representative Sanjay Kumar Singh) & Ors. v. Central Goods And Services Tax Delhi North & Ors.

    Citation: 2025 LiveLaw (Del) 501

    The Delhi High Court refused to entertain a writ petition filed by a Noida based firm allegedly involved in GST fraud of over Rs. 550 crores.

    In doing so, a division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta were unappreciative of the Petitioner's conduct in responding to the Department's proceedings.

    Rule 86A CGST Rules | Credit Ledger Can't Be Blocked For More Than One Year : Delhi High Court

    Case title: Shri Sai Ram Enterprises v. Pr. ADG, DGGI, Gurugram & Anr.

    Citation: 2025 LiveLaw (Del) 502

    The Delhi High Court has ordered unblocking of an enterprise's Electronic Credit Ledger following the lapse of one year since its initial blocking.

    In doing so, a division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta cited Rule 86A of the Central Goods and Services Tax Rules, 2017 which lays down the conditions of use of amount available in electronic credit ledger. It prescribes that the credit ledger of an assessee cannot be blocked beyond the period of one year.

    GST Dept Expected To Empathetically Consider Assessees' Requests To Adjourn Personal Hearing On Medical Grounds: Delhi High Court

    Case title: M/s Jai Opticals v. GNCTD

    Citation: 2025 LiveLaw (Del) 503

    The Delhi High Court has observed that the Goods and Services Tax authorities are expected to empathetically consider an assessee's request for adjournment of personal hearing on medical grounds.

    A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta said the Department should not proceed to pass adverse orders in such matters.

    Delhi High Court Directs CBI To Conduct Preliminary Enquiry Into Alleged 'Extortion Racket' Inside Tihar Jail

    Title: Mohit Kumar Goyal v. State of NCT of Delhi And Ors

    Citation: 2025 LiveLaw (Del) 504

    The Delhi High Court directed the Central Bureau of Investigation (CBI) to conduct a preliminary enquiry over the allegations of extortion racket being run inside the Tihar jail.

    A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela also directed Delhi Government's Principal Secretary (Home) to conduct a fact finding enquiry to find out the officials responsible for administrative lapses inside the jail.

    Delhi High Court Orders Adequate Legal Representation To Three Indians On Death Row In Indonesia

    Title: N. DEEPIKA & ORS. v. UNION OF INDIA & ANR.

    Citation: 2025 LiveLaw (Del) 505

    The Delhi High Court has ordered that adequate legal representation be provided to three Indian nationals who are on death row in Indonesia.

    Justice Sachin Datta directed the Indian Consulate in Indonesia to take requisite steps for ensuring that the convicted Indian nationals are afforded adequate legal representation and to render appropriate assistance to them for pursuing appellate remedies.

    Delhi HC Upholds Dismissal Of CAPF Constable Who Remained Absent From Duty On Health Grounds, Says He Had Duty To Seek Leave After Surgery

    Case title: Pradeep Kumar v. Union of India

    Citation: 2025 LiveLaw (Del) 506

    The Delhi High Court has upheld the dismissal of a CAPF personnel for failing to intimate the force about his absence from duty due to his health condition.

    A division bench of Justices Navin Chawla and Shalinder Kaur was of the view that being in a disciplinary force, a high level of accountability was expected from the personnel and “it was incumbent upon him, post-surgery, to apprise the respondents of his medical condition and to seek leave from them.”

    Delhi High Court Sets Aside IPAB Order Removing Swiss Luxury Brand 'Davidoff' From Trademark Register

    Case title: M/S Zine Davidoff SA v. Union Of India And Anr

    Citation: 2025 LiveLaw (Del) 507

    The Delhi High Court has come to the rescue of the Swiss company which owns luxury coffee brand Davidoff, whose trademark was removed from the register over alleged delay in seeking renewal of the mark.

    Justice Amit Bansal noted that the Trade Marks Registry had admitted to not having any records indicating that form O3 notice was issued to the petitioner prior to the removal of the mark.

    Charges Paid For Bandwidth To Overseas Telecom Operators Not Royalty U/S 9(1)(vi) Of Income Tax Act: Delhi HC Rejects Plea Against Airtel

    Case title: The Pr. Commissioner Of Income Tax - International Taxation -1 v. Bharti Airtel Ltd

    Citation: 2025 LiveLaw (Del) 508

    The Delhi High Court has dismissed an appeal preferred by the Income Tax Department claiming that Bharti Airtel should have deducted TDS on payments made to overseas telecom service providers for bandwidth services.

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