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  • The Vodafone Decision A Synopsis - Kpmg

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KPMG FLASH NEWS KPMG IN INDIA The Vodafone decision a synopsis 20 January 2012 Background The Transaction The Supreme Court today delivered its verdict in the 1 Vodafone case , putting an end to the.

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Permanent court of arbitration judgment The tribunal not only barred the state from charging taxes from Vodafone International Holdings BV but also obligated them to pay Rs 40 crores to the company as a part of partial compensation of their legal costs.

The apex court pronounced a landmark judgment in Vodafone International Holding v. Union of India and cleared the uncertainty with respect to imposition of taxes. The apex court through this judgment recognized: The principles of tax planning.

The tax department claimed that Vodafone should have withheld tax and issued a notice seeking ₹11,218 crore, later augmented by ₹7,900 crore in penalties. Vodafone Group has filed an application with the government to settle its ₹20,000-crore retrospective tax dispute.

The Supreme Court had in January 2012 quashed the tax demand but the same was sought to be revalidated through Section 119 in the Finance Act, 2012. A penalty of ₹7,900 crore was also sought from Vodafone. After the notification of the rules, Vodafone will have 45 days to approach the government for a settlement.

In Vodafone's case[1], the Hon'ble Supreme Court held that the indirect transfer of shares of an Indian company by way of an overseas transaction between two non-resident entities was not taxable in India.

Indirect transfers refer to situations where when foreign entities own shares or assets in India, the shares of such foreign entities are transferred instead of a direct transfer of the underlying assets in India.

The tax was being demanded as per Section 195 of the Income Tax Act, 1961. On the failure of payment by the VIHBV, a case was initiated against the company. However, the decision of the Supreme Court2 supported the VIHBV and quashed the order concerning the demand for payment of INR 25 billion by the company.

In Vodafone's case, the government will refund ₹44.7 crore since the company had not paid any tax on the demand raised by tax authorities, which comes to ₹22,100 crore in taxes, interest and penalties. Vodafone has filed the application under a separate set of provisions.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232