The Curious Case of Extraterritorial Taxation in India

    View Authors January 2017

    Recent tax developments in India highlight the need for focused legal advice on India-related cross border transactions.

    Background

    On 20 January 2012, the Supreme Court of India delivered a landmark ruling in Vodafone International Holdings BV v. Union of India1, where it recognized a well-accepted principle of taxation: the transfer of shares of a company incorporated outside India from a non-resident seller to a non-resident buyer is not taxable by the Indian tax authorities, even if such transfer indirectly transfers an asset in India.

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