VODAFONE IDEA LTD. Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This petition is fled for a direction to the respondentsthe Income Tax authorities to refund an amount of Rs.224,28,74,090.00 with statutory interest. This demand of the petitioner has a long history. It is not necessary to enter into fner details thereof, few undisputable facts may however be noted.

(2.) The petitioner is a public limited company and is engaged in providing telecommunication services. For the period relevant to assessment year 2015-16, the petitioner had sufered sizable deduction of tax at source, at the hands of payees, which was in excess of Rs.210.00 crores. The return fled by the assessee for the said assessment year 2015-16 was scrutinized under Sec. 143(3) of the Income Tax Act, 1961 (the Act for short). The assessment order dtd. 25/2/2019 gave rise to a refund of the said sum of Rs.224,28,74,090.00.

(3.) Since the refund was not forthcoming, the petitioner wrote several letters to the department. At one stage, the department had raised the issue of pending demands for other assessment years. The petitioner clarifed the position in this respect under a communication dtd. 5/3/2019, upon which, it appears that the department did not pursue this line any further.