The government has been able to instil a positive sentiment in the country. Various policy initiatives like Make-in-India, aimed to make India a manufacturing hub, and the Clean India campaign; updating age-old laws and tweaking the Goods and Services Tax to a more acceptable form, introducing greater clarity in the… – Continue reading
UK, US, Australia, Brazil, India- governments of developed and developing countries are battling profit shifting by MNCs such as Amazon, Google, Apple and Starbucks. The allegation- MNCs are shifting profits to jurisdictions where there is little or no tax to be paid. The solution- OECD’s BEPS action plan which, among… – Continue reading
The Government of India brought in a retrospective amendment in 2012 to nullify the Supreme Court judgement in the case of Vodafone International Holdings B.V. to tax capital gains arising from transfer of shares or interest in a foreign company deriving its value ‘substantially’ from Indian assets. However, the Government… – Continue reading
NEW DELHI: The government plans to defer implementation of the General Anti Avoidance Rules (GAAR) until the time the tax administration is able to rebuild trust with companies on the controversial issue. “Given the low level of confidence in tax authorities, investors fear that the provisions may result in harassment…. – Continue reading
Budget should issue a) rules for announcements that were made in the budget in July 2014, (b) clarifications and guidance on matters that were at the centre of controversy during the past few years like equity infusion, valuations, etc. and (c) tax administrations, infrastructure and approach. The new government in… – Continue reading
India and US reach common ground on Mutual Agreement Procedure (“MAP)” and break new ground on Advance Pricing Agreements (“APA”) Suchint Majmudar Just ahead of Obama’s momentous R-Day visit to India, the Competent Authorities of India and US reached a landmark breakthrough in cases involving mutual agreement procedure under the… – Continue reading
NEW DELHI: Transfer pricing litigations involving Multi National Companies (MNCs) has to be looked at separately and individually and final decision on cases will be taken on merit, Minister of State for Finance Jayant Sinha said. “You cannot generalise in that regard because every case has to be look at… – Continue reading
MUMBAI: In what will be widely perceived as a sentiment booster for investors, the government has asked the I-T department to apply the principle behind a tax ruling involving Vodafone Group to all similar transfer pricing cases, an official letter seen by Reuters showed. Reacting to the news, Dinesh Kanabar of KPMG India told ET Now,… – Continue reading
In a move that will likely soothe investors’ frayed nerves, the government on Wednesday decided not to appeal a Bombay High Court ruling in favour of Vodafone in a Rs. 3,200-crore tax dispute over a share transaction involving a local subsidiary. IT minister Ravi Shankar Prasad said the government wants… – Continue reading
The Supreme Court on Thursday asked the Bombay High Court to decide the appeal of Vodafone India Services’, the Indian arm of Vodafone Group Plc, on merits and without being influenced by its earlier findings in a case related to R8,500-crore transfer-pricing tax dispute. A bench headed by justice AR… – Continue reading
The income tax department has moved the Supreme Court seeking directions to a tax tribunal to consider certain facts relating to the taxable income of Vodafone India Services for the 2007-08 fiscal. This relates to the sale of its calls centre business and an alleged exercise of call options in… – Continue reading
The income tax department on Wednesday told the Supreme Court that it intends to move a plea seeking transfer of the two other cases related to transfer of certain passive infrastructure assets of Bharti Airtel and Idea Cellular to the apex court. Bharti Airtel and Idea Cellular got Gujarat High… – Continue reading
In the first of this two part article, we outlined what businesses must do to comply with India’s transfer pricing laws, while stressing the key reforms introduced by the new government to bring certainty to the domestic tax system. Here, we discuss if and how India should respond to the… – Continue reading
MUMBAI: UK-based telecom company Vodafone Group will hold its board meeting in Delhi later this month, said two people aware of this. It will be the second such meeting in the country since Vodafone acquired its business in India. The meeting is an “ordinary” board meeting with “routine” agenda items,… – Continue reading
With foreign investment, energy security and strategic partnerships at the top of his agenda, the Indian Prime Minister Narendra Modi criss-crossed eight countries, including the US, Australia, Japan and Nepal, meeting more than 40 international leaders in the first six months of his tenure. Mr Modi is riding high on… – Continue reading
Globally, the sphere of taxation has witnessed a constant tussle between its primary players – while governments continually strive to maximise revenue and widen the tax base through successive amendments to tax laws and streamlining tax administration, taxpayers seek to arrange their affairs in a manner so that the incidence… – Continue reading
NEW DELHI, JANUARY 2: The dispute resolution mechanism for matters relating to international tax and transfer pricing has been streamlined. The Finance Ministry has put in place a new framework that seeks to bring much-needed rigour and neutrality to dispute resolution on international tax issues. The move should encourage multinationals… – Continue reading
The transfer pricing department is yet to make adjustments on share issuances by Vodafone India services to Vodafone Teleservices Mauritius for assessment year 2011 and 2012. The transfer pricing department has sought clarity from the government on legal recourse in the Vodafone transfer pricing case. Sources have indicated that the… – Continue reading
NEW DELHI: Bilateral investment treaties that the government will enter into from now on will have a provision preventing foreign investors to drag India to arbitration on any issues that have been settled by a judicial authority. Wiser from being dragged to arbitration in numerous cases, such as the Vodafone… – Continue reading
Indian State Supreme Court (Bombay High Court) has issued two important verdicts concerning Vodafone and Shell. Case one: Vodafone India Services (P.) Ltd. Vs Union of India [2014] (Bombay High Court) Vodafone India issued certain equity shares to its Mauritius holding company at a premium of INR 8,509 ($134) per… – Continue reading
Vodafone India’s tax problems have once again worsened after a tribunal arbitrating a dispute ruled last week that the tax authorities have the power to demand the operator pay tax in a transfer-pricing case. The case involves the sale of a call-centre business back in 2007, from which the country’s… – Continue reading
This transfer pricing dispute arose from transactions involving Vodafone in 2007-08. The I-T department had red flagged the sale of call centre business to Hutchison Whampoa Properties India and the assignment of Call Options. n the latest from Vodafone’s Rs 8,500 crore trasfer pricing case versus the Income Tax department,… – Continue reading
The Bombay High Court had in February directed the tribunal to hear both parties expeditiously and pass a ruling at the earliest. The heated debate between Vodafone India and the Income Tax Department on the Rs 8500 crore transfer pricing case will be put to rest as The Income Tax… – Continue reading
New Delhi, India is moving towards a tax-friendly regime to erase the “bad name” it has earned over the years, Finance Minister Arun Jaitley said on Thursday. “Our tax system has to be friendly with tax payers and that is what we are trying to do step by step,” he… – Continue reading
NEW DELHI: Tax authorities are making a fresh bid to engage with taxpayers as they attempt to present a friendly face and wipe out the ghosts of controversial tax disputes of the past, which attracted global criticism. Reaching out to the taxpayer, both small and large, the department has lined… – Continue reading
New Delhi: Industry body Ficci has welcomed Attorney General Mukul Rohatgi asking the Income Tax Department to not file an appeal against the Bombay High Court judgment in the transfer pricing case of Vodafone. “FICCI welcomes the decision of the government not to appeal against the judgment relating to the… – Continue reading
Order relates to the issuance of 870 mn shares by Shell India to an overseas group entity, Shell Gas, in March 2009 Mumbai: The Bombay high court on Tuesday ruled in favour of the Indian subsidiary of Royal Dutch Shell Plc in connection with two transfer-pricing adjustments made by the… – Continue reading
The I-T department had said Vodafone India under-priced shares in a rights issue to its parent. The tax demand was for the two financial years ended March 2011 The finance ministry is yet to decide on filing an appeal against the Bombay High Court order of October 10 in favour… – Continue reading
Delhi Tribunal holds that the mere fact that one of the steps in a transaction resulted in capital loss for the taxpayer would not make the series of transactions a sham. Karnataka High Court holds that shares bought at a premium, and sold at a lower value to individuals (ex-employees… – Continue reading
Vodafone sign in India. Photo: Ishan Khosla. Used under Creative Commons license. Vodafone recently won a rare – but potentially very significant – victory over Indian tax authorities. The Bombay High Court dismissed the government demand for the company to pay 30 billion rupees (about $490 million) for a share… – Continue reading
It is all about transfer pricing issue which is not unique to India. Still, the judgment of the Bombay High Court of October 10, 2014, in the case of Vodafone India Services vs Union of India, has drawn a lot more attention than it would otherwise have. The main reason… – Continue reading
Measure means small shareholders will face no tax bill over recent windfall from telecoms group under €1,000 In February, following the sale of its stake in US telecoms group Verizon, Vodafone paid more than €600 million back to its 380,000, mostly small-scale, Irish investors. At the time, shareholders could choose… – Continue reading
Business Standard October 23, 2014 Last Updated at 23:20 IST The Bombay High Court recently in the case of Vodafone India Services Private Limited (Vodafone) held that the foreign direct investment (FDI) received by the Indian company in the form of share capital cannot be taxed in India under the… – Continue reading
Bombay High Court holds that shares issued at a premium by a resident entity to a non-resident entity is a capital account transaction and does not give rise to any income; Income arising from an International Transaction between AEs must satisfy the test of ‘income; as provided under the ITA… – Continue reading
The much-awaited decision of the Bombay High Court was pronounced on October 10. Transfer pricing adjustment carried out in Shell/Vodafone case has been at the centrestage of every public discussion on Indian transfer pricing legislation. The incredulous stand taken by the tax authorities has evoked a strong response from investors… – Continue reading
Oslo : Allaying investors fear, President Pranab Mukherjee today said that the Bombay High Court verdict in the Vodafone taxation case, if it prevails, will help Finnish phone manufacturer Nokia as also 26 others. In his interview to Finnish media ahead of his departure to Helsinki, Mukherjee here said the… – Continue reading
NEW DELHI: Vodafone welcomed an Indian court ruling in favor of the British mobile giant which was engaged in a $490-million tax battle with local authorities. The tax fight is one of several embroiling the British company that has become a symbol of problems facing foreign firms doing business in… – Continue reading
Vodafone has emerged victorious against the Indian taxman in the latest bout of litigation between the two. The important point for the rest of us being what it tells us about those endless claims of tax avoidance and tax evasion by large companies. It’s not just that large amounts of… – Continue reading
BANGALORE, India — One of the world’s biggest cellular phone manufacturing plants, located in the southern India city of Chennai, will stop production of mobile phones and down shutters after Nov. 1. Microsoft, its lone customer, has terminated a subcontract agreement. “Microsoft has informed Nokia that it will be terminating… – Continue reading
George Osborne, the Chancellor of the Exchequer over here in the UK, has just announced at the Conservative party conference that he’ll be changing the tax laws to make sure that Google GOOGL +0.16% and other tech multinationals (Facebook, Microsoft MSFT -0.17%, possibly Apple AAPL +0.64%, among them) end up… – Continue reading
Vittorio Colao, who is currently on an India visit, said he would be open to listing his company in the country Vodafone Group chief executive officer (CEO) Vittorio A Colao does not rule out the possibility of a settlement of his company’s Rs 16,000-crore tax dispute with the Indian government… – Continue reading
The verdict serves as reference for invoking treaty abuse provisions in the absence of General Anti-Avoidance Rules Mukesh Butani September 7, 2014 Last Updated at 22:33 IST In a ruling demonstrating wise judicial discipline, the Delhi High Court (HC) recently upheld non-taxability of sale of shares in an offshore company… – Continue reading
The Delhi High Court upholds the non-taxability of gains from sale of shares of overseas entities by the Copal Group to the Moody’s Group. Interpretation of the indirect transfer tax provisions in a restrictive manner. 50% threshold for substantiality based on guidance by OECD/ UN material and Shome Committee Report… – Continue reading
The mobile phone company was targeted by UK Uncut on Twitter for allegedly avoiding £6bn of corporation tax Vodafone has accused critics of its dealings with HMRC of failing to understand “even the most basic” aspects of corporate taxation, as shareholders raised concerns about its stores being repeatedly targeted by… – Continue reading
NEW DELHI: Vodafone Thursday said it will continue the process of international arbitration initiated under the India-Netherlands Bilateral Investment Treaty to resolve the ongoing Rs 20,000-crore tax dispute against India, while a local tax official said the department will continue with its tax demand on the telecom major. Earlier today, Finance Minister Arun Jailtey… – Continue reading
NEW DELHI: UK-based telecom major Vodafone is facing tax claims and interest totalling more than Rs 27,000 crore in India, which includes Rs 14,200 crore for acquiring Hutchison’s stake in 2007, the company said in its annual report. Vodafone said that its Indian subsidiary had received a letter in January… – Continue reading
Vodafone is increasingly using the tax haven of Luxembourg as a base to manage its global spending, in a move that will reignite the controversy about its tax practices. The company’s annual report, which showed the mobile giant is managing spending of €10.2bn (£8.6bn) through Luxembourg, also revealed Vodafone paid… – Continue reading
India’s tax dispute with Vodafone Plc regarding its purchase of Hutch Essar seven years ago is likely to reach the International Court of Justice (ICJ) in the Hague, Netherlands a few weeks from now, sources privy to the matter said, adding this would be an unprecedented development in the history… – Continue reading
Finmin says it decided to propose withdrawal of conciliation offer after Vodafone said it could be resolved only through international arbitration The finance ministry on Monday said it had decided to propose withdrawal of its conciliation offer to Vodafone after the British telecom company said the transfer-pricing issue could be… – Continue reading
Oil major Cairn India and its former British parent Cairn Energy Plc have moved the Delhi High Court challenging the validity of New Delhi’s controversial 2012 retrospective amendment to law that imposed tax liabilities on several high-profile offshore transactions of Indian assets including Cairn’s. The court will take up the… – Continue reading
