Vodafone retro tax case: All you need to know

Vodafone retro tax case: All you need to know
ET Bureau
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Synopsis

In 2012, Indian govt amended the Income Tax Act retrospectively.

ET Bureau
TRANSACTION

TAX TROUBLE

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

  • APR 2014: Vodafone served arbitration notices under the India-Netherlands treaty
  • New government did not roll back demand but said no fresh action under retrospective tax
  • A fresh demand was issued on February 12, 2016, for Rs 22,100 cr tax
  • SEPT 25, 2020: The Hague-based arbitration court ruled in favour of Vodafone
  • DEC 21, 2020: India challenges arbitration award at Singapore

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