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Bombay High Court

PRINCIPAL COMMISSIONER OF INCOME TAX 5 MUMBAIversusVODAFONE IDEA LIMITED - AY 2011-12 ITA 1043/DEL/2016

Decided
Disposal
WITHDRAWN

Holding

The court disposed of the proceedings as withdrawn, permitting the applicant to file appropriate proceedings before the Delhi High Court.

Summary

The Principal Commissioner of Income Tax, Mumbai filed several interim applications and income‑tax appeals against Vodafone Idea Ltd. The respondent objected, prompting the applicant’s counsel to state that the applications and appeals would be withdrawn and re‑filed before the Delhi High Court. The Bombay High Court entertained this request and ordered the proceedings to be disposed of as withdrawn. The court granted the applicant liberty to initiate appropriate proceedings in Delhi, expressly keeping all contentions open. It also noted that the applicant could avail the benefit of Section 14 of the Limitation Act for any further steps. The judgment was delivered by Justices G. S. Kulkarni and Dr. Neela Gokhale on 28 August 2026.

Issues considered

  • Whether the interim applications and income‑tax appeals may be withdrawn by the applicant
  • Whether the applicant may pursue the matters in the Delhi High Court
  • Whether Section 14 of the Limitation Act is applicable to the applicant’s further proceedings

Legislation cited

Subjects

  • Income Tax
  • Interim Application
  • Withdrawal
  • Limitation Act
  • Jurisdiction
  • High Court

Judgment

                                                                                    305, 317 & 318.IA1938_2026.DOC
  2026:BHC-OS:19351-DB

               Vidya Amin
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION

                                             INTERIM APPLICATION NO. 1938 OF 2026
                                                              IN
                                            INCOME TAX APPEAL (L) NO. 18895 OF 2024
                                                             a/w.
                                             INTERIM APPLICATION NO. 3423 OF 2026
                                                              IN
                                            INCOME TAX APPEAL (L) NO. 18899 OF 2024
                                                             a/w.
                                             INTERIM APPLICATION NO. 3424 OF 2026
                                                              IN
                                            INCOME TAX APPEAL (L) NO. 18904 OF 2024

                        Principal Commissioner of Income Tax 5, Mumbai        … Applicant/Appellant
                               Vs.
                        Vodafone Idea Ltd.                                    … Respondent
                                                          _________
                        Mr. Vikas T. Khanchandani for the applicant/appellant.
                        Mr. Sachit Jolly, Senior Advocate a/w. Mr. Jitendra Singh, Shivali Mhatre and
                        Rajesh Gaikwad for the respondent.
                                                         __________
                                                        CORAM:        G. S. KULKARNI &
                                                                      DR. NEELA GOKHALE, JJ.
                                                        DATE:         28 AUGUST, 2026.
                        P.C.

                        1.            Learned counsel for the applicant/appellant, in view of the objection
                        raised on behalf of the respondent, fairly states that the Interim Applications as
                        also the Income-tax Appeals would be withdrawn and would be filed before the
                        Delhi High Court.
                        2.       We, accordingly, dispose of the proceedings as withdrawn with liberty to
                        the applicant/appellant to file appropriate proceedings before the Delhi High
                        Court. All contentions of the parties are expressly kept open, including the
                        benefit of Section 14 of Limitation Act, which may be available to the applicant in
                        taking further appropriate steps.


                        (DR. NEELA GOKHALE, J.)                                  (G. S. KULKARNI, J.)

Signed by: Vidya S. Amin                                      Page 1 of 1
Designation: PS To Honourable Judge                         28 August, 2026
Date: 29/08/2026 15:58:17


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