Vodafone International Holdings BV v. Union of India
(2012) 6 SCC 613 · Supreme Court of India
A share sale that does not transfer an Indian capital asset does not generate Indian capital gains under the pre-amendment s. 9.
Unit II · Law of Taxation
Profits of business, capital gains and other sources
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Income-tax Act, 1961 | 28 | Profits and gains of business or profession |
| Income-tax Act, 1961 | 45 | Capital gains |
| Income-tax Act, 1961 | 48 | Mode of computation of capital gains |
| Income-tax Act, 1961 | 56 | Income from other sources |
Landmark cases
K.P. Varghese v. ITO
(1981) 4 SCC 173 · Supreme Court of India
Consideration stated in a transfer cannot be rewritten for capital-gains computation without proof of concealment.