Vodafone

Arbitration and tax disputes: Hand in hand?

Income Tax - While the Indian Government is going all out to create a positive India outline, however, it is a reality that the World Bank's Ease of Doing Business 2015 report puts India as low as 186 on the criteria of contract enforcement. India strongly believes in the rule of law but an important aspect in doing business is factored out of the eas...

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Vodafone International: `Victim of Choked Recovery’

Income Tax - One among st the main issues surrounding the impasse is the payment of ejected liability carrying a whopping sum of Rs.14000 crore by Vodafone International Holdings B.V. under the parasol of Capital Gains Tax to the Indian tax administration. An issue squarely won by Vodafone in a proactive tax war with the authorities at the Hon’ble S...

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Is India a Tax Hell?

Income Tax - Finance Ministry, while presenting the much disillusioned and indifferent Union Budget with heavy fanfare and subsequent silence, brought out an amendment that took many people by surprise. It was not just a normal amendment. Rather, it was the Amendment with retrospective effect, of taxing transactions which resembled the 'Vodafone-Hutch...

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Govt amends IT Act w.e.f. 01.04.1962 to bring deals like Vodafone Under Tax Net

Income Tax - It is, proposed to amend the Income Tax Act in the following manner:- (i) Amend section 9(1)(i) to clarify that the expression ‘through’ shall mean and include and shall be deemed to have always meant and included by means of, in consequence of or by reason of. (ii) Amend section 9(1)(i) to clarify that an asset or a capital as...

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Vodafone’s ruling can be used in favor of assessee if supported by proper documentation

Income Tax - The Bombay High court in the case of Vodafone International BV [Writ Petition No. 1325 of 2010] had inter alia held that the ‘controlling interest’ in an Indian Company is by itself a capital asset, the transfer of which is liable to taxes in India. As there was admittedly a transfer of controlling interest in the Hutchison India by H...

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Govt. accepts Order of Bombay HC in Vodafone case

Income Tax - The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, in a major decision, has decided to accept the order of the High Court of Bombay in the case of Vodafone India Services Private Limited (VISPL) dated 10.10.2014. This is a major correction of a tax matter which has adversely affected investor sentiment....

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Why Govt withdraws Conciliation Measures Initiated Earlier with Vodafone

Income Tax - Correct Factual Position and the Circumstances that led to the Government’s Proposal to Withdraw from the Conciliation Measures Initiated Earlier with Vodafone International Holdings B.V.(Vodafone)...

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Vodafone makes no provision for Hutch deal tax claim

Income Tax - British telecom giant Vodafone has decided against making a provision in its balance sheet for the over Rs 11,000 tax claim made by Indian authorities for its 2007 deal to acquire stake in Hutchison-Essar....

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Vodafone may Pay tax if interest, penalty waived

Income Tax - UK-based telecom giant Vodafone on Thursday said it is willing to discuss tax related issues with the government and paying tax, which amounts to around Rs. 8,000 crore, is an option provided the interest and penalty are waived...

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FM justifies decision to neutralise impact of SC decision in Vodafone case

Income Tax - Government on Wednesday justified its decision to neutralise the impact of Supreme Court decision in the Vodafone case by amending the Income Tax Act with retrospective effect suggesting it was to prevent outflow of Rs 40,000-Rs 50,000 crore from the exchequer....

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Analysis of SC judgment in the case of Vodafone International Holdings B.V. Vs. UOI

Vodafone International Holdings B.V. (VIHB), a Dutch based Vodafone entity, acquired a controlling stake in Hutchison Essar Limited [(HEL), now known as Vodafone Essar Limited VEL)], an Indian company, from Cayman Islands based Hutchison Telecommunications International Limited (HTIL) by acquiring s...

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Vodafone wins $2.50 billion tax case tax case in Supreme Court

In a 2.5 billion dollar sigh of relief for Vodafone, and for other companies eyeing assets in India, the Supreme Court has ruled in favour of Vodafone. The court has said that the Indian tax department cannot tax the transaction that saw Vodafone acquire 67 per cent stake in Hutchison Essar, a mobil...

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Sale price of shares cannot be apportioned towards transfer of controlling interest, where there is no express written understanding

The argument that “controlling interest” was transferred with the shares was not acceptable as the share purchase agreement had been signed by the Power of Attorney (“POA”) holder. In the absence of the copy of the same, which would determine whether...

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Bombay HC defers hearing on Vodafone Plc’s petition

The Bombay high court on Tuesday deferred a hearing on Vodafone Plc’s petition against the income tax authorities without specifying a new date for next hearing. The Bombay high court on Tuesday deferred a hearing on Vodafone Plc’s petition against t...

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Discount allowed on sale of Sim Cards is nothing but commission and TDS is applicable under section 194H of Income Tax Act 1961

Vodafone Essar Cellular Ltd. v. ACIT On this issue, the Kerala High Court observed that it was the SIM card which linked the mobile subscriber to the assessee`s network. Therefore, supply of SIM card by the assessee-telecom company was only for the purpose of rendering continued services to the sub...

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Govt. accepts Order of Bombay HC in Vodafone case

Instruction No. 2/2015 - (29/01/2015) - The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, in a major decision, has decided to accept the order of the High Court of Bombay in the case of Vodafone India Services Private Limited (VISPL) dated 10.10.2014. This is a major correction of a tax matter which has adversely affect...

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Recent Posts in "Vodafone"

Arbitration and tax disputes: Hand in hand?

While the Indian Government is going all out to create a positive India outline, however, it is a reality that the World Bank's Ease of Doing Business 2015 report puts India as low as 186 on the criteria of contract enforcement. India strongly believes in the rule of law but an important aspect in doing business is factored out of the eas...

Read More
Posted Under: Income Tax |

Vodafone International: `Victim of Choked Recovery’

One among st the main issues surrounding the impasse is the payment of ejected liability carrying a whopping sum of Rs.14000 crore by Vodafone International Holdings B.V. under the parasol of Capital Gains Tax to the Indian tax administration. An issue squarely won by Vodafone in a proactive tax war with the authorities at the Hon’ble S...

Read More
Posted Under: Income Tax |

Govt. accepts Order of Bombay HC in Vodafone case

Instruction No. 2/2015 (29/01/2015)

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, in a major decision, has decided to accept the order of the High Court of Bombay in the case of Vodafone India Services Private Limited (VISPL) dated 10.10.2014. This is a major correction of a tax matter which has adversely affected investor sentiment....

Read More

Why Govt withdraws Conciliation Measures Initiated Earlier with Vodafone

Correct Factual Position and the Circumstances that led to the Government’s Proposal to Withdraw from the Conciliation Measures Initiated Earlier with Vodafone International Holdings B.V.(Vodafone)...

Read More
Posted Under: Income Tax |

Vodafone makes no provision for Hutch deal tax claim

British telecom giant Vodafone has decided against making a provision in its balance sheet for the over Rs 11,000 tax claim made by Indian authorities for its 2007 deal to acquire stake in Hutchison-Essar....

Read More
Posted Under: Income Tax |

Vodafone may Pay tax if interest, penalty waived

UK-based telecom giant Vodafone on Thursday said it is willing to discuss tax related issues with the government and paying tax, which amounts to around Rs. 8,000 crore, is an option provided the interest and penalty are waived...

Read More
Posted Under: Income Tax |

FM justifies decision to neutralise impact of SC decision in Vodafone case

Government on Wednesday justified its decision to neutralise the impact of Supreme Court decision in the Vodafone case by amending the Income Tax Act with retrospective effect suggesting it was to prevent outflow of Rs 40,000-Rs 50,000 crore from the exchequer....

Read More
Posted Under: Income Tax |

Govt. to recover Rs. 20,300 cr tax from Vodafone

A Day after the approval of the Finance Bill by the Lok Sabha, the government on Wednesday said that it will move ahead to recover the tax and penalty from the British telecom major Vodafone which is currently estimated at Rs. 20,300 crore. Finance secretary RS Gurjal said that no new notice would be required in the Vodafone case as the F...

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Posted Under: Income Tax |

Budget 2012 – Clarificatory amendments do not override provisions of DTAA

I would like to confirm that clarificatory amendments do not override the provisions of Double Taxation Avoidance Agreement (DTAA) which India has with 82 countries. It would impact those cases where the transaction has been routed through low tax or no tax countries with whom India does not have a DTAA ....

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Posted Under: Income Tax |

CBDT – ‘Vodafone was Warned’

Thus, Vodafone cannot say that it had received no communication from the tax department, about the chargeability of the transaction to tax in India. Further, it chose to ignore the advice, received before the conclusion of the transaction, that Vodafone or HTIL should approach the Assessing Officer under sections 195/197 of the Income-tax...

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Posted Under: Income Tax | ,
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