VidhiSangh

Supreme Court of India · 29/04/2020

VODAFONE IDEA LTD. (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) versus ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) & ANR.

[2020] 11 S.C.R. 200 · 2020 INSC 378

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Summary

For the assessment years governed by Section 143(1D), a valid scrutiny notice displaced the obligation to process the return summarily; no separate deferral intimation was required. From assessment year 2017-18, withholding a refund instead required compliance with Section 241A. The challenged 2019 withholding order met the statutory requirements on its face, without adjudication of the substantive justification. The Court nevertheless directed refund of Rs.733 crore determined by the final assessment for 2014-15, subject to lawful proceedings.

Issues

  1. Whether a scrutiny notice displaced summary processing and required separate intimation under Section 143(1D).
  2. How the refund regime differed from assessment year 2017-18.
  3. Whether the 2019 withholding order complied with statutory requirements.
  4. What relief followed from the final assessment refund determination.

Provisions considered

Held

Result

Appeal dismissed without costs, subject to directions to refund Rs.733 crore within four weeks, subject to lawful proceedings, and expeditiously complete the specified pending assessments.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 200.