Bombay HC directs I-T dept. to refund ₹833 crore to Vodafone-Idea


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The Bombay High Court has directed the Income Tax department to refund over ₹833 crore to Vodafone Idea Ltd. within two weeks.

The company had sought a refund of ₹1,009,43,88,637 as quantified by an order dated May 28, 2020.

On September 30, 2014, the company had filed its I-T returns in the name of Vodafone Mobile Services Ltd. The returns were revised on March 31, 2016, and further revised on February 22, 2017. On October 31, 2019, the Assistant Commissioner of I-T passed an order determining a refund of ₹733,80,83,366 payable to the company. The company filed an application seeking rectification of certain mistakes apparent from the record. Vodafone Idea filed another rectification application with the Assistant Commissioner of I-T on December 3, 2019 in view of the case having been transferred from Delhi to Mumbai.

Since the department did not grant any refund, it filed a civil petition before the Delhi High Court. On December 14, 2018, the court dismissed the petition. The company filed a special leave petition which was converted into a civil appeal.

On April 29, 2020, the Supreme Court held that insofar as assessment year 2014- 2015 was concerned, the company was entitled to a refund of ₹733 crore.

On May 28, 2020, the commissioner of I-T passed an order that the company was entitled to a refund of ₹1,009,43,88,637. It was also held that the demand for several years was pending against the company for a sum of ₹176,39,00,637. The commissioner deducted ₹176,39,00,637 from the refund amount of ₹1009,43,88,637 and determined the net refundable amount at ₹833,04,88,000.

On June 11, 2020, the company demanded refund by seeking compliance of the order passed by the SC. However, no amount was refunded, following which it moved the Bombay HC.

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