Wp/5056/2023 Of Vodafone Qatar P Q S C v. The Deputy Commissioner Of Income Tax

Digitallysigned byNARASIMHAMURTHYVANAMALALocation:HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2 DAY OF NOVEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD -WRIT PETITION NO. 5056 OF 2023 (TIT) C/W -WRIT PETITION NO. 5112 OF 2023 (TIT) IN WP NO. 5056/2023 BETWEEN: VODAFONE QATAR P Q S C MASHEIREB DOWNTOWN DOHA, ZONE 3, STREET 981, BUILDING 2, 4 FLOOR, PO BOX 27727, DOHA, QATAR, PAN- REPRESENTED BY AUTHORISED SIGNATORY SHEIKH HAMAD ABDULLA J A AL-THANI AGE-43 YEARS, OCC-SERVICE R/O . MSHEIREB, DOWNTOWN DOHA, ZONE 3, STREET 981, BUILDING 2, 4 FLOOR, PO BOX 27727, DOHA, QATAR. …PETITIONER (BY SRI. PAI DHUNGAT ANKUR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF INCOME TAX ASSESSMENT CIRCLE 2(1) OF INCOME TAX ASSESSMENT CIRCLE 2(1) BMTC BUILDING, 80FT. ROAD, 6 BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU – 560095. 2. THE COMMISSIONER OF INCOME-TAX-2 BMTC BUILDING, 80FT. ROAD, 6 BLOCK, NEAR KHB GAMES VILLAGE, BMTC BUILDING, 80FT. ROAD, 6 BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU – 560095. 3. VODAFONE IDEA LIMITED MARUTI INFOTECH CENTRE, 11/1, 12/1, KORAMANGALA, AMAR JYOTI LAYOUT, BENGALURU - 560-071. REPRESENTED BY ITS DIRECTORS. …RESPONDENTS (BY SRI. DILIP M.,ADVOCATE FOR R1& R2; R3 DISPENSED WITH VIDE ORDER DATED 02.11.2023) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL ASSESSMENT ORDER PASSED BY THE R-1 IN ANN-N IMPUGNED FINAL ASSESSMENT ORDER DATED 23.12.2022 PASSED BY THE R-1 UNDER SECTION 143(3) READ WITH SECTION 147 READ WITH SECTION 144C OF THE IT ACT ALONG WITH DEMAND NOTICE ISSUED UNDER SECTION 156 OF THE IT ACT IN DIN AND ORDER NO.ITBA/AST/M/147/2022-23/10482067673(1) FOR THE AY 2015-16. IN WP NO. 5112/2023 BETWEEN: VODAFONE QATAR P Q S C MASHEIREB DOWNTOWN DOHA, ZONE 3, STREET 981, BUILDING 2, 4 FLOOR, PO BOX 27727, NC: 2023:KHC:38803WP No. 5056 of 2023C/W WP No. 5112 of 2023 DOHA, QATAR PAN- REPRESENTED BY AUTHORISED SIGNATORY SHEIKH HAMAD ABDULLA J A AL-THANI AGE-43 YEARS, OCC-SERVICE R/O . MSHEIREB DOWNTOWN DOHA, ZONE 3, STREET 981, BUILDING 2, 4 FLOOR, PO BOX 27727, DOHA, QATAR. …PETITIONER (BY SRI. PAI DHUNGAT ANKUR.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF INCOME TAX ASSESSMENT CIRCLE 2(1) BMTC BUILDING, 80FT. ROAD, 6 BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU – 560095. OF INCOME TAX ASSESSMENT CIRCLE 2(1) BMTC BUILDING, 80FT. ROAD, 6 BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU – 560095. 2. THE COMMISSIONER OF INCOME-TAX-2 BMTC BUILDING, 80FT. ROAD, 6 BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU – 560095. INCOME-TAX-2 BMTC BUILDING, 80FT. ROAD, 6 BLOCK, NEAR KHB GAMES VILLAGE, KORAMANGALA, BENGALURU – 560095. 3. VODAFONE IDEA LIMITED MARUTI INFOTECH CENTRE, MARUTI INFOTECH CENTRE, 11/1, 12/1, KORAMANGALA, AMAR JYOTI LAYOUT, AMAR JYOTI LAYOUT, BENGALURU - 560-071. REPRESENTED BY ITS DIRECTORS. …RESPONDENTS (BY SRI. DILIP M.,ADVOCATE FOR R1& R2; R3 DISPENSED WITH VIDE ORDER DATED 02.11.2023) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL ASSESSMENT ORDER PASSED BY THE R-1 IN ANN-N- IMPUGNED FINAL ASSESSMENT ORDER DATED 23.12.2022 PASSED BY THE R-1 UNDER SECTION 143(3) READ WITH SECTION 147 READ WITH SECTION 144C OF THE IT ACT ALONG WITH DEMAND NOTICE ISSUED UNDER SECTION 156 OF THE IT ACT IN DIN AND ORDER NO.ITBA/AST/M/147/2022-23/10482067673(1) FOR THE AY 2015-16. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The question for consideration in these writ petitions would be whether they must stand disposed of in the light of the Division Bench’s order dated 14.07.2023 in ITA No.160/2015 and connected matters and the disposal of similar writ petitions in WP No.51999/2019 connected with WP THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL ASSESSMENT ORDER PASSED BY THE R-1 IN ANN-N- IMPUGNED FINAL ASSESSMENT ORDER DATED 23.12.2022 PASSED BY THE R-1 UNDER SECTION 143(3) READ WITH SECTION 147 READ WITH SECTION 144C OF THE IT ACT ALONG WITH DEMAND NOTICE ISSUED UNDER SECTION 156 OF THE IT ACT IN DIN AND ORDER NO.ITBA/AST/M/147/2022-23/10482067673(1) FOR THE AY 2015-16. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The question for consideration in these writ petitions would be whether they must stand disposed of in the light of the Division Bench’s order dated 14.07.2023 in ITA No.160/2015 and connected matters and the disposal of similar writ petitions in WP No.51999/2019 connected with WP No.53137/2008 and in WP No.5867/2022 and connected matters in the light of such decision. Sri Pai Dhungat Ankur, the learned Counsel for the petitioners, and Sri M.Dilip, the learned counsel for the respondents, are heard for final disposal. It remains undisputed that the petitioners, who are the recipients of certain amounts from Indian entities, cannot be subject to assessment if the Division Bench’s order dated 14.07.2023 prevails. However, Sri M.Dilip submits that the order dated 14.07.2023 has been called in question by the Revenue before the Hon’ble Supreme Court, and therefore this Court, may not make any observation on the merits of the petitioners’ grounds as against the lack of opportunity or service of due notices. Sri Pai Dhungat Ankur, in rejoinder, submits that in the unlikely event of the Revenue succeeding in its challenge against the Division Bench’s order dated 14.07.2023, the petitioners must be reserved liberty to seek revival of these petitions if these petitions stand disposed of in the light of the Division Bench’s order dated 14.07.2023 and the later disposal of the other similar petitions. These submissions are considered, and this Court is of the considered view that the petitions must stand disposed of quashing the impugned assessment orders as also the penalty orders but with liberty to the petitioners to seek revival of these petitions subject to the outcome of the challenge by the Revenue before the Hon’ble Supreme Court as against the Division Bench’s order dated 14.07.2023 in ITA No.160/2015 and other matters as certain other petitioner’s specific grounds are urged. The petitions stand disposed of. SD/- JUDGE AN/-