As it stands, Vodafone and GE have been seeking relief from stay of similar proceedings in the Mumbai and Delhi High Court, respectively. Hence, AT&T's case goes a step further, given the fact that no tax has been demanded on the two cases lying with the state High Courts.
Facts of the Case
Idea Cellular (an Indian company) was owned proportionately by Indian group companies of the Tata's, Birla's and Mauritian subsidiary of AT&T US. AT&T US exited Idea Cellular by selling (to the Tata's) shares of its Mauritian subsidiary.
The tax administrators have taken a view that AT&T US was taxable on such transaction and the principal contention has been that the Mauritian entity is a shell, whose sole assets comprised of holdings in Idea Cellular, an Indian company.
Therefore, the gains had an