Defending move to appeal against the Bombay High Court
verdict in the Rs 8,500-crore Vodafone transfer pricing case, Finance Minister
Arun Jaitley on Wednesday said the case had nothing to do with retrospective
tax issue and no company is immune from paying taxes.
"Why should the government not file an appeal when it
thinks that it is an appealable order," he told ET Now. "There is no
company in the world that is immune from paying taxes."
Jaitley was responding to a question on the tax department
deciding to challenge an October 8, 2015 decision of the Bombay High Court in
the Supreme Court through a Special Leave Petition (SLP).
"There are important questions of law which go to the
Supreme Court. This case has nothing to do with the retrospective tax
issue," said Jaitley, who is here on a seven-day official tour.
Vodafone had got favourable verdicts from the Bombay High
Court in two tax cases last year.
The first one pertained to the High Court rejecting tax
authorities claim that Vodafone priced the shares of its stakes in its Indian
companies sold to other arms of Vodafone in a way to avoid taxes. The Income
Tax Department had sought Rs 3,000 crore in taxes.
In the second case, the High Court had on October 8 ruled
that the Department did not have the jurisdiction on the sale of Vodafone's
call centre business to Hutchison Whampoa Properties and assignment of call
options to Vodafone International Holdings BV in 2007-08.
The Income Tax Department has decided to appeal against the
second verdict. It has, however, decided not to appeal against the first case
alongside a similar transfer-pricing case won by Royal Dutch Shell.
Besides the two cases, Vodafone is fighting a separate
larger case relating to imposition of taxes using retrospective legislation
over its 2007 acquisition of an Indian telecom group. The case is awaiting
international arbitration.
"There can't be a principle that a company had once an
issue of retrospective taxation, this company is immune from other forms of
taxation. So If there are legitimate issues with regard to other areas, it is
between the company and department to sort them out," Jaitley said on
Vodafone case.
He said retrospective tax is an issue of the past.
"It is an issue which the previous government has
created. It is an issue which we have resolved. For one or two cases which are
pending, we have given several options of resolving these issues," he
said.
The Minister was referring to his Budget proposal to waive
interest and penalty if the companies involved in retrospective tax cases like
Vodafone and Cairn Energy plc of UK paid the principal tax amount.
"We want a predictable tax regime. Therefore, the
predictability of tax regime is ensured by not having retrospective taxation
and that is the clear policy of the government," he said.
Investors, he said, are very clever people who understand
the sea change that has taken place in India. "I don't have to smoothen any
nerves, investors are very enthusiastic and bullish about India."