Look-At Approach Prevails over Dissection: The Vodafone Saga

Journal
Jhabakh, P.R. Kumar
India
Finance and Capital Markets (formerly Derivatives & Financial Instruments) 2012 (Volume 14), No. 4
FormatPDF
EUR
40
| USD
45
(VAT excl.)

This article analyses the ruling of the Supreme Court of India in the controversial case of Vodafone International Holdings B.V., which ultimately provided relief to Vodafone of a potential tax liability of INR 25 billion. The Supreme Court concluded that the Indian Courts and the tax authorities should ascertain the purpose of a transaction by looking at the entire transaction holistically, rather than adopting a dissecting approach.