Anita Vinodkumar Aggrawal Dir. Of ... vs Union Of India And Anr on 19 June, 2019
65. The Hon'ble Supreme Court in the case of Vodafone
Intl. Holding v. Union of India has laid down various
test to determine whether a transaction is used
principally as a colourable device, one such test is the
business purpose test and in that connection it is held
by the Apex court at para 67 that if there is abuse of
organization form without legal business purpose which
result in tax avoidance, then Revenue may disregard the
form and impose tax on actual controlling non-resident
entity. Further at para 98 of the same decision Hon'ble
Supreme Court has held-