“Hum Sabko Bachao”

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One of the highlights of marathon 26 days hearings in $2bn Vodafone tax case, has been extensive debate around principles of the Supreme Court’s decision in the case of Azadi Bachao. The favourable decision was pronounced in 2003 and since then has been referred to in over 35 judgements at Supreme Court and High Court level and over 40 decisions at the level of ITAT. However, as referred by Vodafone & Government counsels, on the principles of ‘tax avoidance’, Azadi decision still does not provide clarity.
 
In Vodafone case, when the arguments on Azadi were concluded, Chief Justice Kapadia mentioned (in a lighter vein), “Abhi Humko Bachao”. The Government Counsel Nariman responded “Hum Sabko Bachao”...