Vodafone Group Plc-govt case: Govt may have to shell out Rs 85 cr if it decides not to appeal

Delhi | Saturday | 26th September, 2020

Summary:

New Delhi: Rs 85 crore — this would be the Centre’s liability should it decide to not appeal against Friday’s ruling of the Permanent Court of Arbitration in the Rs 22,100-crore tax dispute with Vodafone Group Plc.

The arbitration tribunal ruled in favour of Vodafone Group against India’s retrospective demand of capital gains tax.

Of the Rs 85-crore outgo, Rs 45 crore will be towards the tax collected from Vodafone so far and Rs 40 crore, or 4.3 million pound sterling, towards the administrative cost charged by the tribunal.

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New Delhi: Rs 85 crore — this would be the Centre’s liability should it decide to not appeal against Friday’s ruling of the Permanent Court of Arbitration in the Rs 22,100-crore tax dispute with Vodafone Group Plc.

The arbitration tribunal ruled in favour of Vodafone Group against India’s retrospective demand of capital gains tax.

Of the Rs 85-crore outgo, Rs 45 crore will be towards the tax collected from Vodafone so far and Rs 40 crore, or 4.3 million pound sterling, towards the administrative cost charged by the tribunal.

According to Finance Ministry sources, since Vodafone had not paid the initial tax demand of Rs 7,900 crore and interest and penalty on it, the question of India paying back Rs 22,100 crore did not arise.

Further, the tribunal has not accepted the claim of Vodafone for award of damages, sources added.

The issues, however, are expected to crop up for Indian government at another level, with the possibility of other pending cases under arbitration following suit as the Vodafone case, experts said.

“Vodafone’s win in the arbitration against the government in the retrospective taxation of indirect transfers is very significant as it may cause other similarly placed companies to seek arbitral reliefs.