Taxman taps SC to reopen Vodafone case
The department, while challenging a different Gujarat High Court order in the Supreme Court on Monday, sought a larger bench to hear the case related to the Vodafone-Hutch cross-border deal that created Vodafone-Essar.
Solicitor general RF Nariman argued that the government’s 100-page review petition listing 130 grounds was not considered by the apex court. He said that “things were put in his mouth” in the high-profile tax case; so the impugned judgment was liable to be heard afresh on the ground of non-consideration itself. The SG also claimed that additional documents, which support his case, have also come to light and will be filed soon in the court.
While the bench headed by chief justice Altamas Kabir permitted the government to file additional documents, Vodafone senior counsel Harish Salve opposed reopening of the case, saying the Gujarat HC had given relief to the firm after relying on the apex court’s January judgment.
The government had introduced retrospective changes in tax laws in Budget 2012-13, seeking to overcome the ruling. With foreign investors expressing concerns, it subsequently set up a panel to review the change in law asserting Indian jurisdiction to tax cross-border deals involving Indian assets.
On January 20, the top