Vodafone judiciary-2

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

Vodafone International Holdings B.V. Vs Union of India & Anr. (Supreme Court of India)

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 mobile phone operator in India in 2007. The d...

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

Asstt. Commissioner of Income-tax, Circle-7 Vs M/s. R.K.B.K Fiscal Services Ltd (ITAT Kolkata)

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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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. Vs. ACIT (Kerala High Court)

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 subscriber of the mobile phone. The positio...

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Applicability TDS charges on pre-paid mobile cellular services provided by a service provider through its distributor’s network

Vodafone Essar Cellular Ltd. Vs ACIT (ITAT Cochin)

. There is no dispute or dis-agreement regarding the nature of transactions entered into between the assessee and its distributors. The assessee company, by virtue of the licence issued by the Department of Telecommunications, Government of India, is engaged in providing Mobile telephone services to the public at large. The Govt, of India...

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Applicability of provisions of section 194H on post-paid services and pre-paid package

Vodafone Essar Cellular Ltd. Vs ACIT (ITAT Cochin)

25. There is no dispute or dis-agreement regarding the nature of transactions entered into between the assessee and its distributors. The assessee company, by virtue of the licence issued by the Department of Telecommunications, Government of India, is engaged in providing Mobile telephone services to the public at large. The Govt, of Ind...

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Supreme Court dismissed USD two billion Vodafone capital gains tax case

Vodafone International Holdings B.V. Vs Union Of India & Anr. (Supreme Court of India)

THE Supreme Court today simply dismissed the much-hyped USD two billion Vodafone capital gains tax case at the admission stage itself. Before rejecting the SLP, the Bench asked the assesee - why did they not furnish the copy of their original agreement to the Court and also to the Revenue? In reply the assessee spoke about their delayed o...

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