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 2025

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 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
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Gift this article