The Supreme Court on Monday directed Vodafone to situate Rs
2500 crore ($550 million) within three weeks in respect to the $2.5 billion tax
dispute, a Vodafone spokesman told. The Supreme Court has also deposited Feb 05
as last date of hearing.
Vodafone has also been directed to make a bank guarantee
worth Rs 8500 crore ($1.9 billion) within eight weeks, the official said.
Vodafone, fighting a tax bill in India over its 2007
purchase of Hutchison Whampoa Ltd's mobile business in the country, had
appealed to the Supreme Court challenging a lower court order that Indian tax
authorities had jurisdiction over tax bills in cross-border deals.
The tax office asked Vodafone to pay Rs 11,218 crore ($2.53
billion) within 30 days, but the British firm told it "strongly
disagrees" with the calculation.
Meanwhile, The Netherlands has now written to India
asking it to consider an alternate dispute resolution that will run parallel to
the ongoing court process through what is termed as a Mutual Agreement
Procedure (MAP), a government official aware of the development told.
India
would examine the request and take a decision in accordance with the provisions
of the India-Netherlands double tax avoidance agreement (DTAA), this official
added.
MAP is an alternate process of dispute resolution, and is an
option available to a taxpayer besides and concurrent with the appellate
process. However, under MAP, once the proceedings are initiated, it is possible
to obtain a stay on the tax demand provided one gives a bank guarantee.
This opens up the possibility of a settlement on the lines
of what Vodafone clinched in the UK
earlier this year, when it agreed to pay £1.25 billion in taxes to settle a
decade-long dispute dating back to 2000 regarding its Luxembourg
subsidiary.