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Bombay High Court

Vodafone Idea Limited vs The Assistant Commissioner Of Income ... on 4 April, 2022

Author: N.R. Borkar

Bench: K.R. Shriram, N.R. Borkar

          Digitally
          signed by
GAURI     GAURI AMIT
          GAEKWAD                                     1/2                     908.WPL-10778-2021.doc
AMIT      Date:
GAEKWAD   2022.04.06
          17:41:08
          +0530                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                    WRIT PETITION (L) NO.10778 OF 2021
            Vodafone India Limited                           ....Petitioner
                        V/s.
            Assistant Commissioner of Income
            Tax, Int. Tax Circle 4(3)(1) & Anr.              ....Respondents
                                                   WITH
                                       WRIT PETITION NO.2377 OF 2021
            ITP Media India Private Limited                  ....Petitioner
                        V/s.
            Income Tax Officer, International Tax
            Ward 2(2)(2) and Anr.                            ....Respondents

                                            ----
            Mr. Percy Pardiwalla, Senior Advocate a/w. Mr. Paras Savla for petitioner in
            Writ Petition (L) No.10778 of 2021.
            Mr. Dharan Gandhi for petitioner in Writ Petition No.2377 of 2021.
            Mr. Parag Vyas a/w. Mr. Arvind Pinto and Ms. Karuna Yadav for respondents.
                                            ----
                                                   CORAM : K.R. SHRIRAM &
                                                              N.R. BORKAR, JJ.

DATED : 4th APRIL 2022 P.C.:

WRIT PETITION (L) NO.10778 OF 2021 WITH WRIT PETITION NO.2377 OF 2021 1 Heard the counsels. Since an alternative remedy is available to petitioner, we would direct petitioner to exhaust that remedy. Mr. Pardiwalla states that the time to file an appeal has expired and, therefore, the delay be condoned. Mr. Vyas and Mr. Pinto state that the Court may pass such order as it deems fit. Mr. Pardiwalla states that the appeal will be filed within two weeks from today.

Gauri Gaekwad 2/2 908.WPL-10778-2021.doc 2 In view of this statement made by Mr. Pardiwalla, the time to file appeal is extended upto and including 18th April 2022. 3 The CIT (Appeals) will endeavor to dispose the appeal as well as other appeal for Assessment Year 2015-2016, which has been filed earlier, within six months from today.

4 All rights and contentions of the parties are kept open. We make it clear that we have not expressed any opinion on the merits of the matter. 5 Both petitions disposed accordingly. (N.R. BORKAR, J.) (K.R. SHRIRAM, J.) Gauri Gaekwad