Vodafone supreme court verdict.

Dear Friends.

Hope you read the Vodafone case, which is a big blow to Indian Tax Department!! If not Please read it in news papers/google.

https://timesofindia.indiatimes.com/business/india-business/Vodafone-Hutchison-deal-Vodafone-wins-Rs-11000-crore-tax-case/articleshow/11566027.cms

I am sure this will be a forthcoming question in CA/CS/CWA Question Papers.

Just wanted to know how you understood it and what are your thoughts.

Cheers!!!!!!!!!!!!

Replies (2)


Here Supreme court judgment is "Vodafone has no obligation under section 163 clause 1 (c) of Income Tax Act," 

Under the clause it is specified that Agent in relation to non resident includes 

any person in India,

from whom the non resident in receipt of any income whether directly or indirectly.

The Transaction was between Hutchison Essar Ltd  Hongknog based company and Vodafone International Holdings a British company through companies based in Nether land and Clayman Island by transfer of shares.  It was a share transfer between the two entities incorporated outside India.  Bombay High court admitted the view of Income Tax Department that the true intention of such a transfer which undertook outside India is to take controlling interest in the Indian operations and so the transaction has nexus with India as the underlying asset is in India and demand for capital gain tax.

     But from the facts we can see that the money which generated by Vodafone International Holdings out side India is used for purchasing the shares of a company which is incorporated out side India and thereby getting controlling interest in the Indian operations.  So it cannot be correlated with income generation in India.  The provisions of Act is also not capable of bringing such transaction to the tax net.  So in my view SC decision is a glorious one and will strengthen the integrity of our judiciary and will also an eye opener for IT department.

thanks for informing...

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 26 August 2026
CA Article Assistant/CA Drop Out/Accounts Executive

PARV & Co.

New Delhi

CA Inter

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
ARTICLESHIP 25 August 2026
CA Article's

Saini Pati Shah & Co LLP

Mumbai

CA Inter

View Details