Facts of the Case
- The
petitioner, Vodafone Roaming Services SARL, is a tax resident of
Luxembourg.
- The
Revenue alleged that the petitioner failed to file a return for AY
2014–15.
- It
was contended that the petitioner earned income from providing cellular
roaming services to Tata Tele Services Ltd., amounting to ₹2,44,85,873/-.
- The
Revenue treated such income as “royalty” under Section 9(1)(vi) of the
Income Tax Act.
- Notices
were issued under Sections 148A(b), 148, 142(1), followed by a draft
assessment order under Section 144C(1).
- The
petitioner submitted a detailed reply dated 12.10.2022, which allegedly
was not considered by the Assessing Officer.
- It
was also claimed that no proper statutory notice under the proviso to
Section 144 was served.
Issues Involved
- Whether
income from international roaming services qualifies as “royalty” under
Section 9(1)(vi).
- Whether
reassessment proceedings were conducted in compliance with procedural
safeguards under Sections 148A and 144C.
- Whether
failure to consider the petitioner’s reply violates principles of natural
justice.
- Whether
non-service of statutory notice under Section 144 invalidates the draft
assessment order.
Petitioner’s Arguments
- The
income earned did not accrue or arise in India and therefore was not
taxable.
- Consequently,
there was no obligation to file a return of income in India.
- A
detailed reply dated 12.10.2022 was submitted addressing the notices
issued, which was ignored by the Assessing Officer.
- The
draft assessment order was passed without proper service of mandatory
notice under Section 144 proviso.
- The
entire proceeding suffered from violation of natural justice and
procedural irregularities.
Respondent’s Arguments
- The
petitioner failed to file a return for the relevant assessment year.
- Income
from roaming services constituted “royalty” under Section 9(1)(vi), making
it taxable in India.
- The
reassessment proceedings and notices issued were valid under law.
Court’s Findings / Order
- The
Court observed that the petitioner’s reply dated 12.10.2022 ought to have
been considered by the Assessing Officer.
- It
held that ignoring such reply warranted interference.
- The
impugned draft assessment order was set aside.
- Liberty
was granted to the Assessing Officer to pass a fresh draft assessment
order.
- Directions
were issued:
- Consider
petitioner’s reply dated 12.10.2022
- Grant
personal hearing
- Address
all contentions raised by the petitioner
- The
writ petition was disposed of accordingly.
Important Clarification by Court
- Even
at the draft assessment stage, principles of natural justice must be
strictly followed.
- The
Assessing Officer is obligated to consider taxpayer submissions before
passing orders.
- Procedural
lapses, especially non-consideration of replies, can vitiate assessment
proceedings.
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/RAS04072023CW85922023_113123.pdf
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