India still hunting Vodafone over Hutchison acquisition withholding tax

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 still hunting Vodafone over Hutchison acquisition withholding tax

vodafone-logosmall.jpg

The Indian tax authorities are still arguing that UK-headquartered telecommunications multinational Vodafone must pay a $2.5 billion tax bill in relation to its 2007 acquisition of Hutchison Essar, the company has revealed.

Vodafone has confirmed receipt of a reminder from the Indian tax authorities that the original tax demand remains due from the company’s Hutchison Whampoa transaction in 2007, despite the Supreme Court’s decision in favour of the taxpayer in January last year.

In its Finance Bill 2012, which became law last May, the Indian government introduced retrospective amendments to the tax law which would allow it to tax any gain on the transfer of shares in a non-Indian company, which derives substantial value from underlying Indian assets.

Following fierce criticism, the government commissioned a committee led by Parthasarathi Shome to assess the appropriateness of the retrospective amendments.

In its report, the committee recommended that that retrospective application of the tax law should only be used in exceptional or the rarest of rare cases.

The Indian authorities’ continued pursuit of Vodafone suggests they are either paying little heed to the Shome committee’s report or that they consider the Vodafone transaction to be an exceptional case, and neither conclusion bodes well for Indian taxpayers.

Read further analysis on ITR Premium here.

more across site & shared bottom lb ros

More from across our site

The Australian Taxation Office believes the Swedish furniture company has used TP to evade paying tax it owes
Supermarket chain Morrisons is facing a £17 million ($23 million) tax bill; in other news, Donald Trump has cut proposed tariffs
The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
Gift this article