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Vodafone wins tax case in SC, not to pay $2 billion for Hutchison deal

The apex court asks the tax department to return the Rs 2,500 crore that Vodafone had submitted as interim tax liability.

Sanjiv Shankaran | January 20, 2012 | Updated 14:26 IST

Twitter feeds and television channels reported that the Supreme Court on Friday in a majority verdict has upheld Vodafone International Holdings BV's contention that the Income Tax department did not have jurisdiction over a $11.2 billion deal in May 2007 in which the British group acquired Hutchison Telecommunications International as part of a complex transaction to buy the latter's majority stake in its Indian telecom business. The Indian unit, called Hutchison Essar then, is today named Vodafone Essar.

The verdict has asked the tax department to return the Rs 2,500 crore that Vodafone had submitted as interim tax liability.

The verdict sets aside the uncertainty over the tax claim on Vodafone , as also companies involved in such transactions, but in future similar deals may come under the ambit of the proposed Direct Tax Code (DTC), which is being currently debated in Parliament. It taxes similar deals subject to certain conditions.
 

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