If that is so, we do not see how on the strength of Clause 6. The condition about the block of initial years has altogether been removed.
At the time when the Tribunal decided the appeal, that was the only decision in the field and, therefore, in view of what the Bombay High Court has held in CIT vs.
It is not disputed before us that the assessee started providing telecommunication services in the State of Gujrat in the period relevant to the AY The provisions were extended to 15 years, but the claim was limited to any 10 years out of 15 years at the option of the appellant, because those assessees who obtained license, but could not start operation tillthey were given the benefit of incentive provisions by such extension.
In context of applicability of clause i to the explanation, relying on the decision of Supreme Court in case of Vijaya Bank suprathe Court observed that there is a dichotomy between actual write off and provision for bad Vodafone essar gujarat ltd vs doubtful debt.
A mere debit of the profit and loss account would constitute a bad and doubtful debt, but it would not constitute actual write off and that was the very reason why the explanation stood inserted.
The demand raised for the period from May to Novemberas held earlier, shall stand set aside while for the period from The meaning of the section IA 2 is that the assessee can- exercise the option in any 10 consecutive years starting from the first year in which the undertaking begins to operate any infrastructure facility.
The arguments advanced on behalf of the appellant BSNL by the learned Solicitor General, in short, is that admittedly Vodafone had failed to comply with its obligation under the Interconnect Agreement and had routed international calls as national calls making it liable to pay damages for the loss suffered by BSNL.
We are further of the opinion that whether or not the assessee started providing telecommunication services in any yearhas to be decided in the assessment proceedings for that year in the light of the relevant facts and circumstances obtaining in that assessment year alone.
Since the assessee had got license to provide telecommunication services in the previous year relevant to the AY, 11 12 ITA No. There is no relationship between the assessee and the sub-distributor as well as the retailer. Further, as per the decision of Hon.
In our opinion, there was no good and justifiable cause to take a different view and conclude in the assessment proceedings for the year under consideration that the AY was the first year when the assessee started providing telecommunication services, without there being any change in the factual position and when the earlier decision was not challenged by the Department.
Bharat Sanchar Nigam Ltd. Reference has also been made to the circular of the TRAI dated Therefore, if postpaid card is subject to section H, it is quite unlikely that prepaid system would be outside the purview of section H.
These evidences lead only to one conclusion that the assessee did not start providing telecommunication services in the period relevant to the AY The reliance has been made by the A.
Accordingly, the question of any income accruing or arising to the distributor at the point of time of sale of prepaid card by the assessee to the distributor does not arise. The appellant has started providing communications services as soon as it undertook the first activity of installation of sites and towers ii.Indian Employees [ Judgment - ] agronumericus.com Page 1/8 B.S.N.L.
Vs. VODAFONE ESSAR GUJARAT LIMITED €€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€REPORTABLE. Source: Vodafone Essar Gujarat Limited vs Department of Income tax  24 agronumericus.com (Guj.) Department of Income tax vs Vodafone Essar Gujarat Ltd SLP No / (SC) Do you know about Dbriefs?
S. scheme of arrangement is not a “tax avoidance scheme” Vodafone Essar Gujarat Ltd (“transferor”) filed a Petition u/s to of the Companies Act, to transfer its ‘Passive Infrastructure Assets’ to Vodafone Essar Infrastructure Ltd (“transferee”) free of liabilities and encumbrances.
Vodafone Essar Gujarat Ltd vs. Dept of Income-tax (Gujarat High Court) The Scheme cannot be said to have no purpose or object and that it is a mere device/subterfuge with the. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free agronumericus.com for one month and pay only if you like it.
Vodafone Essar Vodafone Essar, previously Hutchison Essar is a cellular operator in India that covers 23 telecom circles in India. Despite the official name being Vodafone Essar, its products are simply branded Vodafone.Download