The Bombay High Court has directed the income tax department to refund 1,128 crore to Vodafone Idea Limited 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 judgement on Wednesday.
A division bench of Justices K R 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. The court passed its judgment on a petition filed by the Vodafone Idea Limited 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.
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