Bombay HC dismisses Vodafone petition against I-T dept

Written By Unknown on Jumat, 06 September 2013 | 18.01

The Bombay High Court (HC) on Friday dismissed a writ petition filed by Vodafone India questioning the jurisdiction of a transfer pricing order passed by the income-tax department relating to transactions at by the company's call centre business.

The court has said that the transfer pricing officer (TPO) has the jurisdiction on Vodafone transfer pricing case. It says the TPO can pass an order without determining its international status.  

The court has also said that the Dispute Resolution Panel (DRP) has the powers to determine if a transaction is international.

In February 2012, Vodafone had challenged the jurisdiction of the income-tax department in issuing a transfer pricing order issued in December 2011 that sought to add Rs 8,500 crore to its taxable income. Vodafone has maintained that the disputed transactions are domestic in nature and therefore it does not fall within the jurisdiction of transfer pricing norms.

The court said Vodafone can appeal before the Income Tax Appellate Tribunal (ITAT) in this matter. 

Speaking to CNBC-TV18, Vodafone counsel Anu Dutt says will take a call after reading Bombay HC judgment.  "We will decide next course of action after discussion with Vodafone," she told CNBC-TV18.



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