Professional Documents
Culture Documents
Corporate Structure
Diagrammatic View
Hutchison
ares in
Telecom
Holding 100% sh
International Ltd. CGP
(Hong Kong)
CGP
Investmen
ts
Holdings
Ltd.
(Mauritius)
Holding
67% share
in HEL
Hutchison
Essar Ltd.
(Indian
Company)
Assessing Officers
Appeal
Transfer
Diagrammatic
Understanding
Vodafone
Group
plc
(London)
Vodafone
International
Holdings BV
(Netherland
s)
HTIL (Hong
Kong) 100%
Holding in
CGP(Mauritius)
CGP Investments
(Mauritius) 67%
Holding in Hutchison
Essar Ltd.(India)
Vodafone
Essar Ltd.
(Indian Co.)
Hutchison
Essar Ltd
(Indian Co.)
Turned
to
(Transferred the controlling interest of HTIL
in HEL to Vodafone)
Assessees Defend
Diagrammatically Explained
Vodafone
International
Holdings BV
(Netherlands)
100% Holding in
CGP
CGP Investments
(Mauritius) 67%
Holding in Hutchison
Essar Ltd.(India)
Hutchison
Essar Ltd.
(Indian Co.)
Vodafones
Defend
By becoming
holding co. of
CGP, it doesnt
means that
I(Vodafone) holds
67% of all assets
in HEL(Indian Co.)
Supreme Courts
Decision
These are the important three points on the basis of
which Supreme Court has given the decision in Favor
of the Vodafone:
Section: 9(1)(i)
Section: 2(14)
Section: 195(1)
Transfer of
Shares
Not amounts to
transfer of
Capital Asset
situated in India
As per Bom.
H.C. controlling
interest
Which not
covered under
definition of
Capital Asset
U/s 2(14)
As capital asset
not taxable in
India,
No question Tax
Deducted at
Source
U/s 195(1)
CGP Investments
(Mauritius) 67%
Holding in Hutchison
Essar Ltd.(India)
Hutchison
Essar Ltd
(Indian Co.)
Transactions &
Consequences
Transfer of shares
of
CGP, from HTIL
to Vodafone.
For Consideration of
Rs. 560 billion.
Which leads to
Capital Gain Tax on
HTIL for Rs. 125
billion
The shares of this
company(CGP) are
sold in Mauritius,
which is a tax
heaven.
After the change of
holding co.
Name changed to
Vodafone.
This depicts that
shares transferred to
gain the rights in
Current Scenario
Vodafone
International
Holdings BV
(Netherlands)
100% Holding in
CGP
CGP Investments
(Mauritius) 67%
Holding in Hutchison
Essar Ltd.(India)
Vodafone
Essar Ltd.
(Indian Co.)
Retrospective
Amendments
(Done by Finance Act 2012)
Sections
Amended
Amendment Done
Section 9(1)
(i):
Income
Deemed to
Accrued or
Arise in India
Explanation on capital
assets
provides
that:
shares of CGP
Investments
(Registered
Outside India),
but value of
shares are derived
from the value of
asset located in
India.
Section 2(14):
Definition of
Capital Assets
Retrospective
Amendments
(by Finance Act 2012)
Section
Explanation Added regarding
2(47):
meaning of Transfer:
Definition of transfer includes:
Creation of any interest in
Transfer
any asset in any manner
whether indirectly or
otherwise
by way of an
agreement(whether
entered inside or outside
India) or otherwise
through Transfer of shares
Outside India
Which effects the transfer
of rights in an Indian
Company
Section: 9(1)(i)
Transfer of Shares
Not amounts to transfer of
Capital Asset situated in
India
Section: 2(14)
As per Bom. H.C.
controlling interest of HTIL
in HEL
Which not covered under
definition of Capital Asset
U/s 2(14)
Section: 195(1)
As capital asset not
taxable in India,
No question to deduct
Tax at Source
U/s 195(1)
Bibliography
http://
timesofindia.indiatimes.com/busines
s/india-business/Vodafone-Hutchison
-deal-Vodafone-wins-Rs-11000-croretax-case/articleshow/11566027.cms
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