Supreme Court - Daily Orders
Vodafone South Ltd. (Formerly Known As ... vs Deputy Director Of Income Tax on 16 June, 2015
Bench: R.K. Agrawal, Abhay Manohar Sapre
SLP(C) NO. 16874-16878 of 2015
ITEM NO.7 COURT NO.4 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (C) Nos. 16874-16878/2015
(Arising out of impugned final judgment and order dated 11/06/2015 in
ITA No. 161/2015, ITA No. 163/2015, ITA No. 160/2015, ITA No.
162/2015, ITA No. 164/2015 passed by the High Court of Karnataka At
Bangalore)
VODAFONE SOUTH LTD. (FORMERLY KNOWN
AS VODAFONE SOUTH ESSAR LTD.) Petitioner(s)
VERSUS
DEPUTY DIRECTOR OF INCOME TAX & ANR. Respondent(s)
(With application for permission to file additional documents and
interim relief)
Date : 16/06/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE R.K. AGRAWAL
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
[VACATION BENCH]
For Petitioner(s) Mr. P. Chidambaram, Sr. Adv.
Mr. Salman Khurshid, Sr. Adv.
Mr. Kavin Gulati, Sr. Adv.
Ms. Ruby Singh Ahuja, Adv.
Mr. Suman Yadav, Adv.
Mr. Ishan Gaur, Adv.
For M/s. Karanjawala & Co., Advs.
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by Kalyani Gupta Date: 2015.06.17 12:58:59 IST Reason: Heard Mr. P. Chidambaram, learned senior PAGE NO. 1 OF 3 SLP(C) NO. 16874-16878 of 2015 counsel for the petitioner and Mr. P.S. Narasimha, learned Additional Solicitor General for the respondent-Revenue.
The High Court by impugned order dated 11 th June, 2015 has vacated the earlier ex parte interim order passed by it in ITA Nos. 160, 161, 162, 163 and 164 of 2015 on 25th April, 2015 and fixed the appeals for final hearing in the second week of July, 2015. The interim relief granted on 25th April, 2015 had directed the petitioner herein to deposit Rs. 75 Crores with the Tribunal and furnish bank guarantee for the remaining amount which the petitioner has done. After the vacation of the interim order dated 25th April, 2015, the Revenue is now taking steps to realise the entire amount which is subject matter of the appeals.
As the hearing of the appeals is fixed in the second week of July, 2015, we deem it fit and proper to dispose of these Special Leave Petitions at this stage itself with a slight modification of the impugned order dated 11th June, 2015 and permit the respondent-Revenue herein to withdraw the said amount i.e., Rs. 75 Crores deposited by the PAGE NO. 2 OF 3 SLP(C) NO. 16874-16878 of 2015 petitioner pursuant to order dated 25th April, 2015, However, the bank guarantee furnished by the petitioner shall not be encashed by the respondent-Revenue till the final disposal of the appeals and shall be kept alive.
We request the High Court to decide the aforesaid appeals in the second week of July, 2015 as already fixed for hearing. Needless to say, no party shall seek unnecessary adjournment in the matters to prolong the hearing and its disposal. It is also made clear that depending upon the final outcome of the appeal, the amount deposited, withdrawn and security furnished would be adjusted if occasion arises.
It is with these directions and observations, the Special Leave Petitions stand disposed of. The impugned order stands partially modified.
[KALYANI GUPTA] [TAPAN KUMAR CHAKRABORTY]
COURT MASTER COURT MASTER
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