High Court orders I-T Dept to refund Rs 1,128 cr to Vodafone Idea

Mumbai, November 9

The Bombay High Court has directed the Income Tax department to refund Rs 1,128 crore to Vodafone Idea Ltd paid by the telecom operator in taxes for the assessment year 2016-2017. The assessment order passed by the department in August this year was “time barred and hence cannot be sustained,” the HC noted in its judgment on Wednesday.

A division Bench of Justices KR Shriram and Neela Gokhale also took a strong view against the assessing officer for showing “laxity and lethargy” in not passing the final order within the mandated 30-day time and thus causing a huge loss to the exchequer and public.

Voda IDEA PLEA

• The court passed its judgment on a petition filed by Vodafone Idea claiming the I-T department failed to refund the amount paid by it for the assessment year 2016-2017 which, it said, was in excess of the legitimate tax due on its income.

The court passed its judgment on a petition filed by Vodafone Idea claiming the I-T department failed to refund the amount paid by it for the assessment year 2016-2017 which, it said, was in excess of the legitimate tax due on its income.

The Bench said the case was “quite elementary” and that it was “constrained to observe the complete apathy and negligent approach of the assessing officer concerned in discharging his duties” in accordance with provisions of the Income Tax Act.