Lawstreet Journal

Bombay HC directs Income Tax Department to Refund Rs 833 crores to Vodafone Idea Ltd [READ JUDGEMENT]

Lawstreet Journal 4 Jul 2020 8:16pm

Image courtesy: Lawstreet Journal Judiciary Bombay HC directs Income Tax Department to Refund Rs 833 crores to Vodafone Idea Ltd [READ JUDGEMENT]

On Friday 26 June 2020, the Bombay High Court directed the Income Tax department to refund a sum of Rs 833 crore to the petitioner Vodafone Idea Ltd. within two weeks, without fail.

The matter was taken up by a division bench of R D Dhanuka and Madhav J Jamdar, JJ. The hearing took place via video conference and thereafter an oral order was pronounced by Justice R D Dhanuka, after hearing all the parties to the case- Vodafone Idea Ltd., Assistant Commissioner of Income Tax, Principal Commissioner of Income Tax, and Union of India.

The petitioner had filed a writ petition (Mandamus) and thereby sought a refund of more than Rs 1000 crore, as quantified by an order dated 28 May 2020. Also, the petitioner sought a refund of Rs 833,04,88,000/- in accordance with Section 245 of the IT Act, 1961.

Case Summary:

The petitioner had filed its return on income on 30 September 2014 in the name of Vodafone Mobile Services Ltd. It was further revised on 31 March 2016 and 22 February 2017.

On 31 October 2019, the Assistant Commissioner of Income Tax passed an assessment order under Section 143(3) r/w. Section 144C of the Income Tax Act, 1961 (hereinafter, the Act) that determined the payable refund of Rs 733 crore to the petitioner on 7 November 2019.

Thereafter, the petitioner sought rectification of certain mistakes in the records by filing an application for the same, under Section 154 of the Act. On 3 December 2019, the petitioner filed another rectification application before… Continue Reading...

Tagged: vodaphone   Bombay High Court  
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