VODAFONE IDEA LTD. Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) These petitions arise in similar background. They have been heard together and would be disposed of by this common judgment. Primary facts may be noted from Writ Petition No. 2145 of 2019. To the extent the facts are different, shall be noted from the companion petition.

(2.) Petitioner is a public limited company and is engaged in the business of providing telecommunication services. For the assessment year 2017-18, the petitioner had filed return of income on 31.10.2017 which was subsequently revised on 28.3.2019. As per the return, the petitioner had declared loss to the tune of Rs. 6600.47 crores (rounded off). Resultantly, the petitioner had claimed refund of the entire amount of tax paid at source which came to Rs. 565.28 crores (rounded off) and tax collected at source of Rs. 22,31,792/-. The return of the petitioner thus gave rise to refund of Rs. 565.51 crores (rounded off).

(3.) The return of income was processed by respondent No. 1 - Assessing Officer under Section 143(1) of the Income Tax Act, 1961 (the Act for short) on 24.3.2019. After certain adjustments, this process of return gave rise to refund of Rs. 562.68 crores (rounded off) with statutory interest, the total refund worked out to Rs. 630.21 crores (rounded off). To complete the facts, we may record that the petitioners revised return was processed by the Assessing Officer on 14.9.2019. Along with interest, this gave rise to refund of sum of Rs. 634.14 crores (rounded off). This would of course subsume the refund arising out of the original return.