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Supreme Court of India

Vodafone International Holdings B.V. v. Union of India & Anr.

Neutral citation
Reported as [2012] 1 S.C.R. 573
Bench S.H. Kapadia, K.S. Radhakrishnan and Swatanter Kumar JJ.
Decided 20 January 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

22 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Section 163(1 )(c) is not attracted as there is no transfer of a capital asset situated in India.

Judgment, page 105

From the headnote

Income Tax Act, 1961: s.45 read with ss. 195, 201 and 201(1A) - Capital gains c - Offshore transaction - Territorial tax jurisdiction of Indian tax authorities - Transaction between VIH and HTIL (both companies incorporated outside India) with regard to sale and purchase of the entire share capital of CGP, also a company incorporated outside India - Revenue seeking to tax the capital gains arising from the sale of share capital of CGP on the basis that CGP held the underlying Indian assets - Held: Indian tax authorities had no territorial jurisdiction to tax the said offshore transaction -

Authorities it was built on

Where later benches applied it

Of those, 7 relied on · 1 distinguished · 9 referred to · 5 mentioned

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