Competitive Exams: Current Affairs 2012: Vodafone Case

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  • The demand for tax in the Vodafone case was a result of failing to understand the difference between the sale of shares in a company and the sale of assets of that company. It is an elementary principle of company law that ownership of shares in a company does not mean ownership of the assets of the company.

  • The assets belong to that company which is a separate legal entity.

  • The transfer of shares of one non-resident company (Hutchison) to another non-resident company (Vodafone) did not result in the transfer of any asset of HEL in India.

  • Under Section 9 − 1 − i of our Act, there is liability to tax only if there is a transfer of a capital asset in India.

Courtesy: The Hindu

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