Apple is challenging India's anti-trust body over a potential $38 billion fine

has filed a case in Delhi High Court against the country’s anti-trust body because of how it considers global turnover when calculating penalties.

The iPhone maker, which is among the fastest growing smart phone brands in India, is challenging India’s new antitrust law under which the U.S. company could incur fines of up to $38 billion, according to a report by Reuters.

It added it was “unconstitutional, grossly disproportionate, unjust” for the Competition Commission of India (CCI) to use turnover when calculating penalties.

Apple did not immediately respond to a request for comment from CNBC.

The CCI has been investigating complaints made by an alliance of Indian startups and Tinder-owner Match Group