India’s CBDT asks ITAT and DRP to apply Vodafone ruling to similar transfer pricing cases

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’s CBDT asks ITAT and DRP to apply Vodafone ruling to similar transfer pricing cases

The Central Board of Direct Taxes (CBDT) has requested that Income Tax Appellate Tribunals (ITAT) and dispute resolution panels (DRP) apply the principle behind the Bombay High Court’s Vodafone ruling for similar transfer pricing cases.

As a result, the income tax department will not be able to make transfer pricing adjustments on the shares issued by Indian units to their overseas parents.

On January 28, the Union Cabinet decided to accept the Bombay High Court’s ruling in Vodafone’s transfer pricing case.

The cabinet came to the conclusion that the transaction between Vodafone and its Mauritius subsidiary was on the capital account and that there was no income to be chargeable to tax; therefore, applying any pricing formula was irrelevant.

In addition, the Cabinet agreed to accept “orders of courts/ITAT/DRP in cases of other taxpayers where similar transfer pricing adjustments have been made and the courts/ITAT/DRP have decided/decide in favour of the taxpayer”.

This decision is expected to facilitate tax compliance and reduce litigation on similar issues.

“This is a major correction of a tax matter which has adversely affected investor sentiment,” read Prime Minister Modi’s website.

Positive outlook

In line with recent efforts to create a more stable tax environment in India, the cabinet’s decision is expected to provide greater clarity and predictability for both taxpayers and tax authorities.

India has long been associated with an aggressive tax policy and lengthy transfer pricing disputes. This decision will come as welcome news to taxpayers who have found themselves embroiled in court battles.

The ruling is also bound to be beneficial for India’s economy. The government is aiming to “set at rest the uncertainty prevailing in the minds of foreign investors and taxpayers in respect of possible transfer pricing adjustments in India on transactions related to issuance of shares, and thereby improve the investment climate in the country”.

more across site & shared bottom lb ros

More from across our site

Awards
Leading firms and individuals gathered in Dubai to celebrate standout legal, dealmaking and tax work across the region
Tax authorities want more revenue, have better tools to find it and are increasingly willing to fight for it
Audifina, the sixth-largest firm of its kind in Lithuania, will bring a 90-strong team with offices in Vilnius and Kaunas to RSM’s international platform
As global capability centres use AI to deliver services, MNEs face a fresh wave of PE and TP exposure that their existing playbooks weren't built for
The deal for Comtax hands Ryan immediate scale in Brazil, with a near-70-strong team serving clients from São Paulo
The arrivals of Julio Castro and Adam Blakemore mean the firm has added six tax partners to its global practice since the start of 2025
Tax authorities have gained unprecedented transparency through CbCR, but a new study suggests they may not be looking in the right places
The future chief tax officer will be judged not only on compliance, but on their ability to harness data, technology and AI to support strategic decision-making
More than 200 tier promotions reshaped this year's European rankings as several international firms strengthened their positions in key tax markets
Ryosuke Takemura, OECD policy adviser, countered that the organisation’s role is ‘not to solve these issues one by one’ but to prevent tax disputes in general
Gift this article