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Friday, December 25, 2020

Vodafone retro tax case: All you need to know ET

 

TRANSACTION

  • MAY, 2007: Vodafone acquired stake in Hutchison Essar for $11.2 bn.
  • Vodafone International Holdings BV bought the stake of Hutchison Telecommunications International Ltd in Hutchison Essar
  • Deal between companies based overseas; executed in Cayman Islands

  • TAX TROUBLE
    • OCT 30, 2009: Income tax dept served notice to Vodafone International Holdings
    • Notice under Sections 201 and 201 (1A) of the Income Tax Act for non-deduction of tax at source on the $11.2 bn transaction
    • OCT 30, 2010: IT Dept ordered Vodafone to furnish Rs 11,218 cr under Sections 201 and 201(1A).
    • APR 29, 2011: Rs 7,900 cr penalty was imposed

    LITIGATION
    • SEPT 8, 2010: The 
    • Bombay High Court upheld the tax authorities decision. Dept raised tax demand in the subsequent month
    • JAN 20, 2012: SC set aside Bombay High Court decision; quashed tax & interest demand
    • It said transaction was between two overseas entities & Indian tax authorities had no territorial tax jurisdiction
    • FEB 17, 2012: Govt filed review petition
    • MAR 20, 2012: SC dismissed the review petition
    • THE RETRO AMENDMENT
      • 2012 Indian govt amended the Income Tax Act retrospectively
      • Section 119 of the Finance Act validated the tax levied on Vodafone
      • Government said the amendment was only a clarification to remove ambiguity and provide certainty

      • TAX DEMAND BACK ON TABLE
        • JAN 3, 2013: IT dept raised a fresh demand was issued for Rs 11,218 cr
        • Vodafone subsequently sought to settle the case
        • A committee set up to resolve the issue failed to make any headway

        ARBITRATION




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