Mumbai: In a major relief to Indian subsidiary of British telecom major Vodafone<\/a>, the Bombay High Court<\/a> has set aside an order of Income Tax Appellate Tribunal which had ruled that I-T had the powers to raise tax demand on the company in a Rs 8500 crore transfer pricing<\/a> case. The transfer pricing case dates back to FY08 relating to sale of one of its call centres in Ahmedabad in 2007. 孟买:在英国电信的主要缓解印度子公司的专业沃达丰(Vodafone),孟买高等法院已拨出订单的所得税上诉法庭裁定,它有能力筹集税收需求对公司在8500卢比转让定价的情况。转让定价案件可以追溯到FY08有关出售其2007年在艾哈迈达巴德的呼叫中心之一。
\n
\nOn Thursday, the division bench comprising SC Dharmadhikari and AK Menon said in an oral order that relying upon the earlier Supreme Court judgment, the court is of the view that there is no transfer of the 'call options' and hence the transaction is not falling within the purview of transfer pricing. The detailed order was not uploaded on the court website till the time of going to press.
\n
\n“This is good validation for the overseas investors who are facing transfer pricing issues in India,” said Fereshte Sethna, senior partner of law firm DMD Advocates, who is representing Vodafone India in the case. However, people close to the revenue department are of the view that the tax authorities may challenge the order in the Supreme Court.
\n
\nThe dispute relates to the sale of the Ahmedabad-based call centre business (Vodafone India Services formerly known as 3 Global Services) for assessment year 2008-09. The department slapped a tax demand on the company on October 31, 2012 under sections 143(3) and 144C (13) of Income Tax Act.
\n
\nThe income tax department had slapped a transfer pricing order against Vodafone's India arm seeking to add Rs 8,500 crore to its taxable income for FY 2007-08. The demand was challenged by the telecom company in the income tax appellate tribunal (ITAT).
\n
\nHowever, in December 2014, the tribunal ruled that sale of call-center biz was an international transaction and assignment of call options took place. And therefore the revenue department has the jurisdiction to proceed against the company. Later, the company had challenged the order in the Bombay High Court.
\n
The income tax department had issued an order following scrutiny of a call centre deal struck in 2007 (sale of Vodafone’s call centre business to Hutchison<\/a> Whampoa Properties India). The revenue authorities claimed that the deal was an “undisclosed, international transaction” and therefore transfer pricing norms applied to the case.
\n
\n“The judgment adds to the relief rally been seen by Vodafone in its tax disputes and reinforces the trust of the taxpayer in the Indian judiciary, which has not shying in giving favourable orders, even in high stake cases,” said Rakesh Nangia, managing partner of tax advisory Nangia & Co.
\n
\nWhile, challenging the jurisdiction of the revenue authorities over the transaction, the Vodafone maintained that no assignment of call options took place during the transition and hence it wasn't an international transaction and therefore transfer pricing provisions did not apply and the deal was not taxable.
\n
\nTransfer price is the amount used in accounting for transfer of goods or services from one place to another or from one company to another which belongs to the same parent company
\n
\nThe tribunal, however, did not accept the valuation arrived at by the tax department and asked the authority to arrive at a correct valuation. It sent the case back to the tax authority to decide on the revised amount of the taxable income of Vodafone India.
\n
\nSubsequently, Vodafone had challenged that order in the Bombay High Court.\n\n<\/p><\/body>","next_sibling":[{"msid":49273151,"title":"Bombay HC ruling in favour of Vodafone brings confidence: Gaurang Shah","entity_type":"ARTICLE","link":"\/news\/industry\/bombay-hc-ruling-in-favour-of-vodafone-brings-confidence-gaurang-shah\/49273151","category_name":null,"category_name_seo":"industry"}],"related_content":[],"msid":49273840,"entity_type":"ARTICLE","title":"Bombay HC rules in favour of Vodafone in Rs8,500 crore transfer pricing case","synopsis":"The Bombay High Court backed Vodafone's efforts to oppose a move by tax authorities to add 85 billion rupees ($1.3 billion) to the taxable income of a unit","titleseo":"industry\/bombay-hc-rules-in-favour-of-vodafone-in-rs8500-crore-transfer-pricing-case","status":"ACTIVE","authors":[{"author_name":"Maulik Vyas","author_link":"\/author\/479185842\/maulik-vyas","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479185842.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479185842,"author_name":"Maulik Vyas","author_seo_name":"maulik-vyas","designation":"Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2015-10-08 17:23:30","lastupd":"2015-10-08 18:07:49","breadcrumbTags":["industry","Vodafone","Bombay high court","Hutchison","tax dispute","Transfer pricing"],"secinfo":{"seolocation":"industry\/bombay-hc-rules-in-favour-of-vodafone-in-rs8500-crore-transfer-pricing-case"}}" data-authors="[" maulik vyas"]" data-category-name="Industry" data-category_id="18" data-date="2015-10-08" data-index="article_1">
周四,该部门板凳包括SC Dharmadhikari和AK梅农在口头命令说,依赖早期最高法院判决,法院认为没有转让看涨期权,因此事务不是转让定价的范围内下降。详细的订单在法院网站上没有上传,直到将新闻的时间。
“这是很好的验证面临的海外投资者转让定价问题在印度,“说Fereshte Sethna,律师事务所的高级合伙人DMD的支持者而言,代表沃达丰印度。然而,知情人士收入部门认为,税务机关可以挑战最高法院的次序。
争议涉及到位于ahmedabad的呼叫中心业务的出售(沃达丰印度服务原名3全球服务)为评估2008年- 09年。需求部门打了税收对公司10月31日2012年部分143(3)和144 c(13)的所得税法。
所得税部门拍打了转让定价的顺序对沃达丰印度手臂试图添加8500卢比2007 - 08年的财政年度的应纳税所得额。需求受到挑战的电信公司所得税上诉法庭开办。
然而,2014年12月,法庭裁定,呼叫中心销售商业是一个国际交易和转让看涨期权。因此收入部门对该公司进行管辖。后来,该公司已在孟买高等法院质疑的顺序。
所得税部门已经发出订单后审查2007年呼叫中心的协议(出售沃达丰的呼叫中心业务和记黄埔黄埔属性印度)。税收当局称,这笔交易是一个“未披露,国际事务”,因此转让定价准则应用于案例。
“判断增加了救援集会被沃达丰的税务争端和强化纳税人的信任在印度司法,没有不好意思给优惠的订单,即使在高股权的情况下,“Rakesh Nangia说,税收的管理合伙人咨询Nangia & Co。
,具有挑战性的收入政府管辖事务,沃达丰坚称没有转让看涨期权在转换过程中发生,因此这不是一个国际事务,因此转让定价规定不适用,这笔交易没有纳税。
转让价格的金额用于占商品或服务从一个地方转移到另一个地方或从一个公司到另一个属于同一母公司
法庭,然而,不接受税务部门的估值到达并要求权力到达正确的估价。这发送回税务机关决定修订沃达丰印度的应纳税所得额。
随后,沃达丰在孟买高等法院挑战这个顺序。
Mumbai: In a major relief to Indian subsidiary of British telecom major Vodafone<\/a>, the Bombay High Court<\/a> has set aside an order of Income Tax Appellate Tribunal which had ruled that I-T had the powers to raise tax demand on the company in a Rs 8500 crore transfer pricing<\/a> case. The transfer pricing case dates back to FY08 relating to sale of one of its call centres in Ahmedabad in 2007.
\n
\nOn Thursday, the division bench comprising SC Dharmadhikari and AK Menon said in an oral order that relying upon the earlier Supreme Court judgment, the court is of the view that there is no transfer of the 'call options' and hence the transaction is not falling within the purview of transfer pricing. The detailed order was not uploaded on the court website till the time of going to press.
\n
\n“This is good validation for the overseas investors who are facing transfer pricing issues in India,” said Fereshte Sethna, senior partner of law firm DMD Advocates, who is representing Vodafone India in the case. However, people close to the revenue department are of the view that the tax authorities may challenge the order in the Supreme Court.
\n
\nThe dispute relates to the sale of the Ahmedabad-based call centre business (Vodafone India Services formerly known as 3 Global Services) for assessment year 2008-09. The department slapped a tax demand on the company on October 31, 2012 under sections 143(3) and 144C (13) of Income Tax Act.
\n
\nThe income tax department had slapped a transfer pricing order against Vodafone's India arm seeking to add Rs 8,500 crore to its taxable income for FY 2007-08. The demand was challenged by the telecom company in the income tax appellate tribunal (ITAT).
\n
\nHowever, in December 2014, the tribunal ruled that sale of call-center biz was an international transaction and assignment of call options took place. And therefore the revenue department has the jurisdiction to proceed against the company. Later, the company had challenged the order in the Bombay High Court.
\n
The income tax department had issued an order following scrutiny of a call centre deal struck in 2007 (sale of Vodafone’s call centre business to Hutchison<\/a> Whampoa Properties India). The revenue authorities claimed that the deal was an “undisclosed, international transaction” and therefore transfer pricing norms applied to the case.
\n
\n“The judgment adds to the relief rally been seen by Vodafone in its tax disputes and reinforces the trust of the taxpayer in the Indian judiciary, which has not shying in giving favourable orders, even in high stake cases,” said Rakesh Nangia, managing partner of tax advisory Nangia & Co.
\n
\nWhile, challenging the jurisdiction of the revenue authorities over the transaction, the Vodafone maintained that no assignment of call options took place during the transition and hence it wasn't an international transaction and therefore transfer pricing provisions did not apply and the deal was not taxable.
\n
\nTransfer price is the amount used in accounting for transfer of goods or services from one place to another or from one company to another which belongs to the same parent company
\n
\nThe tribunal, however, did not accept the valuation arrived at by the tax department and asked the authority to arrive at a correct valuation. It sent the case back to the tax authority to decide on the revised amount of the taxable income of Vodafone India.
\n
\nSubsequently, Vodafone had challenged that order in the Bombay High Court.\n\n<\/p><\/body>","next_sibling":[{"msid":49273151,"title":"Bombay HC ruling in favour of Vodafone brings confidence: Gaurang Shah","entity_type":"ARTICLE","link":"\/news\/industry\/bombay-hc-ruling-in-favour-of-vodafone-brings-confidence-gaurang-shah\/49273151","category_name":null,"category_name_seo":"industry"}],"related_content":[],"msid":49273840,"entity_type":"ARTICLE","title":"Bombay HC rules in favour of Vodafone in Rs8,500 crore transfer pricing case","synopsis":"The Bombay High Court backed Vodafone's efforts to oppose a move by tax authorities to add 85 billion rupees ($1.3 billion) to the taxable income of a unit","titleseo":"industry\/bombay-hc-rules-in-favour-of-vodafone-in-rs8500-crore-transfer-pricing-case","status":"ACTIVE","authors":[{"author_name":"Maulik Vyas","author_link":"\/author\/479185842\/maulik-vyas","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479185842.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479185842,"author_name":"Maulik Vyas","author_seo_name":"maulik-vyas","designation":"Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2015-10-08 17:23:30","lastupd":"2015-10-08 18:07:49","breadcrumbTags":["industry","Vodafone","Bombay high court","Hutchison","tax dispute","Transfer pricing"],"secinfo":{"seolocation":"industry\/bombay-hc-rules-in-favour-of-vodafone-in-rs8500-crore-transfer-pricing-case"}}" data-news_link="//www.iser-br.com/news/industry/bombay-hc-rules-in-favour-of-vodafone-in-rs8500-crore-transfer-pricing-case/49273840">
评论
现在评论 阅读评论(1)所有评论
找到这个评论进攻?
下面选择你的理由并单击submit按钮。这将提醒我们的版主采取行动