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Vodafone case: SC dismisses review petition-Nikhil Kanekal, Remya Nair & Surabhi Agarwal

The Supreme Court dismissed the government’s review petition in the Vodafone tax case on Tuesday, affirming its January ruling that put overseas transfers of shares outside the Indian tax net. The review petition and last week’s budget proposals seeking retrospective changes have revived the uncertainty over tax laws, according to government officials, the Planning Commission and businesses. If Parliament passes the budget in its current form, the judgement in the Vodafone case...

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India patent bypass delivers life-saving blow against cancer by Raja Murthy

India's decision this month to produce Germany-based multinational Bayer's anti-cancer drug Nexavar, in the first use of "compulsory licensing" in South Asia, will save lives but also raises intricate questions. Under the compulsory licensing process, a government can under World Trade Organization (WTO) rules bypass a patent owner's rights after three years and order the manufacture and sale of life-saving medicines at much cheaper cost than by obtaining the medicine from...

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Budget 2012: Farce of food subsidy being played out again-Nidhi Nath Srinivas

The UPA-II has used the Budget to again play politics with hunger. But it has paid no heed to the ticking time bomb of growing social tensions as 58 million Indians living off agriculture slide deeper into poverty. The Economic Survey says more than half the population is dependent on a sector whose share in the economy is shrinking. The urban-rural income divide is therefore steadily widening, a tinder box that...

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Vodafone-like transactions should yield tax and the law must make that clear

-The Economic Times The Budget's retrospective clarification of what is meant by transfer of assets in India entailing a capital gains tax payment is controversial but necessary and unavoidable. The Supreme Court ruled in favour of Vodafone and against the government in the company's disputation of a capital gains tax claim in its acquisition of Hutch-Essar.  This is on ground that might be legally firm but is quicksand for logic. The Court...

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Vodafone-Hutch deal: Retrospective change to I-T Act-Nikhi Kanekal and Kian Ganz

The government introduced a retrospective clarification to the Income-Tax (I-T) Act, 1961, virtually amending the law to ensure that cross-border transactions such as the $11.08 billion (around Rs55,735 crore today) Vodafone-Hutchison deal are taxable. The Supreme Court had ruled this deal as not being taxable in India. The amendment becomes crucial because a review petition by the government on this case is pending before the Supreme Court, which might now have...

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