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Bombay High CourtNMW/207/2019

Vodafone Idea Limited v. The Deputy Commissioner Of Income Tax (Tds) And 2 ORS

2019-06-21Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Akil Kureshi2 pages

2. os nmw 207-19.doc R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

NOTICE OF MOTION NO. 207 OF 2019 IN WRIT PETITION NO. 1103 OF 2019 The Dy. Commissioner of Income Tax (TDS), Pune & Ors. .. Applicants In the Matter Between M/s. Vodafone India Limited .. Petitioner Vs The Dy. Commissioner of Income Tax (TDS), Pune & Ors. .. Respondents ...................

 Mr. Sham Walve for the Applicants  Mr. Deepak Chopra a/w Mr. Atul. K. Jasani for the Original Petitioner ...................

CORAM : AKIL KURESHI & SARANG V. KOTWAL, JJ.

DATE : JUNE 21, 2019 IN CHAMBER AT 3.00 P.M.

P.C.:

1.

Pursuant to our last order dated 7.6.2019, learned counsel for the parties pointed out that refund of sum of Rs. 19.97 Crores (rounded off) with interest has been released today itself. This takes care of substantial grievance of the petitioner. However, question of unpaid amount of Rs. 7.56 Crores (rounded off) still survives. It appears that out of the said amount, there is rectification proceedings concerning of sum of Rs. 2.47 Crores (rounded off) is still not disposed of. In other words, there should be no impediment in releasing

2. os nmw 207-19.doc the rest of the amounts. The Income Tax Department shall process the refund manually and pass necessary refund orders as required preferably within two weeks from today. With this direction, Notice of Motion is disposed of. 2.

If the petitioner wishes to challenge the very circular which is base of the action by the Department, it would be open for the petitioner to prefer fresh proceedings. [ SARANG V. KOTWAL, J. ] [ AKIL KURESHI, J ]