India: Progress towards GST continues as dispute environment evolves

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India: Progress towards GST continues as dispute environment evolves

Sponsored by

logo.png
The introduction of GST is seen as an eagerly awaited

India is gearing towards the introduction of a goods and services tax (GST), a destination-based consumption tax, replacing several central and state taxes.

Dharawat-Rakesh-100
Gangadharan-Hariharan-100

Rakesh Dharawat

Hariharan Gangadharan

India is gearing towards the introduction of a goods and services tax (GST), a destination-based consumption tax, replacing several central and state taxes. The introduction of GST is seen as an eagerly awaited transformational change to the indirect tax landscape in the country which subsumes a variety of taxes currently being levied at the central and state levels.

While legislation to give effect to the GST moves through parliament and state legislatures, draft reports on processes for registration, payment and refunds have been released and suggestions have been invited from trade and industry. Given the transformative nature of this reform, and the several challenges anticipated in the transition process, a consultative approach on the key aspects will go a long way in assuaging taxpayer concerns.

It is expected that these draft reports and the suggestions received from stakeholders will form the basis of a guidance note for the purpose of drafting GST laws. This consultation process will be critical in ensuring that concerns surrounding the practical operation of GST at ground level are highlighted and addressed.

Bombay High Court rules in favour of Vodafone in its $1.3 billion transfer pricing dispute

The Bombay High Court set aside the order of the Income-tax Appellate Tribunal (ITAT) which had upheld a transfer pricing adjustment of approximately $1.3 billion against Vodafone India Services Pvt. Ltd. The adjustment pertained to the year 2007-2008 and related to the applicability of transfer pricing provisions to an alleged transfer of call options and the sale of a call centre business. The High Court relied on the findings of the Supreme Court in the case of Vodafone International Holdings BV (in relation to the indirect transfer of downstream Indian companies to it by the Hutchison group) and concluded that there was in fact no transfer of the call options. Accordingly, it ruled that the question of applying transfer pricing provisions did not arise. The High Court also set aside the adjustment made in relation to the sale of the call centre business.

While this decision is based on the somewhat specific facts of this case, it will nonetheless contribute to India's jurisprudence on transfer pricing matters. The government has indicated that a decision on whether to appeal to the Supreme Court will be taken after studying the High Court's judgment.

Applicability of minimum alternate tax (MAT) to foreign companies – Supreme Court disposes of Castleton's appeal

The Supreme Court disposed of the appeal filed by Castleton Investment Limited against the order of the Authority for Advance Rulings (AAR) holding that MAT would apply to foreign companies. Last month, the government had issued a press release stating that MAT would not apply to foreign companies unless they had a permanent establishment (PE) or place of business in India. It had also stated that necessary amendments to the Income-tax Act to give effect to this position would be introduced. Based on a statement by the Attorney General that the government would abide by the decision announced vide the press release, the Supreme Court disposed of the appeal. While the text of the proposed amendment and the timing thereof are not yet known, the disposal of the Castleton case based on the government's decision will hopefully bring a satisfactory conclusion to this controversial issue.

Rakesh Dharawat (rakesh.dharawat@dhruvaadvisors.com) and Hariharan Gangadharan (hariharan.gangadharan@dhruvaadvisors.com)
Dhruva Advisors

Tel: +91 2261081000

Website: www.dhruvaadvisors.com

more across site & shared bottom lb ros

More from across our site

The Office for Budget Responsibility’s pessimistic pillar two forecast accompanied the UK chancellor’s muted Spring Statement, dubbed ‘as dull as possible’ by one adviser
Digital tax reform is dissolving the old ‘temporal buffer’, forcing systems, institutions, and professionals to adapt as real-time reporting reshapes governance, capability, and compliance
Our first instalment features analysis of Deloitte’s landmark EMEA merger, Donald Trump’s Supreme Court tariff showdown and Venezuela’s tax evolution
While some believe it could have a positive effect on the wider advisory landscape, others argue that HMRC’s ‘red tape’ exercise won’t deter bad actors
The political optics of the US’s carve-out deal are poor, but as the Fair Tax Foundation’s Paul Monaghan writes, it preserves pillar two’s guiding ethos
The big four firm reportedly sent ‘threatening’ correspondence to Unity Advisory over its hiring of ex-PwC partners; plus tax recruitment news from the week
Tom Goldstein, who was represented by US law firm Munger, Tolles & Olson, denied wilfully cheating on his taxes and blamed errors on his staff
Multinationals face rising TP scrutiny as global rules diverge. As Daniel Moalusi argues, strong, consistent documentation is now essential to minimise audit risk and protect tax positions
The profession is fundamentally restructuring itself around what tax and accounting work should be, a Thomson Reuters leader told ITR
The big four firm is consolidating 16 entities across the region to create a single 6,000-partner behemoth
Gift this article