<img width="1050" height="696" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101144/636a25c89c7e80680e0439dfjpeg.jpg" alt=""/>The Supreme Court’s verdict on Wednesday requiring the Malaysian company Axiata and Ncell Nepal to pay billions capital gains tax on their purchase of Nepal’s largest private telecom provider Ncell will end a <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/06/03/taxing-time-for-ncell/" target="_blank" rel="noopener">controversy</a> that has dragged on for three years, but is expected to further chill <a href="https://archive.nepalitimes.com/regular-columns/Comment/making-nepal-fdi-friendly,853" target="_blank" rel="noopener">Nepal’s foreign investment climate</a>.A full bench of the apex court headed by Chief Justice Cholendra Shumsher Rana decided after two days of hearings that Reynolds Holdings Ltd was a shell company and the real owner of <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/05/16/the-tax-in-question/" target="_blank" rel="noopener">Ncell</a> was <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/12/21/axiata-buys-80-stake-in-ncell/comment-page-1/" target="_blank" rel="noopener">Axiata</a>, and it was liable to pay the tax along with Ncell Nepal.Justices Rana, Mira Khadka, Bishwambhar Prasad Shrestha, Ananda Mohan Bhattarai and Tanka Bahadur Moktan were deliberating on a public interest litigation writ filed by former secretary and advocate Dwarika Nath Dhungel and six others that Ncell Nepal and Axiata were responsible to pay capital gains tax when they bought the company from the <a href="http://archive.nepalitimes.com/article/interview/Nepal-very,1104" target="_blank" rel="noopener">Swedish-Finnish telecom company TeliaSonera</a> in 2016.When TeliaSonera sold Reynolds Holdings shares in Ncell to Axiata for over $1 billion, Nepal’s Large Tax-payers’ Office had said Reynolds owed the government Rs35 billion in taxes and demanded it pay the amount and fines to a total of Rs61 billion.Ncell Nepal refused to pay that full amount, and transferred only Rs21 billion capital gains tax. After this, the writ was filed, and the Supreme Court on Wednesday also rejected a case filed by Ncell.The case became controversial after two foreign investors traded ownership of a Nepal-based telecom company. Since TeliaSonera has already left Nepal, the Court found that the buyer is liable to pay capital gains tax if the seller did not.Senior advocate Surendra Bhandari says that it is international practice that the seller has to pay capital gains tax on any sale of assets, but says the Supreme Court is right in assessing that the seller was allowed to leave the country without paying tax and to put the onus on the buyer.Wednesday decision now sets a precedent for the buyer to also be responsible for paying capital gains tax. Officials at the Internal Revenue Service say that although the country’s treasury will benefit from the tax payment, there has been no investigation into why the seller was allowed to get away without paying taxes, and fears that the case will have negative repercussions on future investment.Eighty percent of Ncell’s ownership is with Reylonds Holding registered in the British Virgin Islands and 20% with Niraj Govinda Shrestha. Ncell’s main promoter was Reynolds Holding through TeliaSonera’s office in Norway.According to Nepal’s tax laws, TeliaSonera’s sale of Ncell to Axiata had a capital gains tax liability of Rs35 billion. Axiata had written to the Internal Revenue Office before the sale if it was liable to pay capital gains tax in Nepal, but there was no reply from its director at the time, Chudamani Sharma.After that the tax controversy got mired in politics, with various party leaders and former CIAA chief <a href="https://archive.nepalitimes.com/regular-columns/Legalese/parliament-and-court-plays,822" target="_blank" rel="noopener">Lokman Singh Karki</a> vying for underhand deals that would let the guilty go free. Says advocate Bhandari: “The Supreme Court decision seems to be driven by the logic that any buyer should first inquire about the liabilities of the seller before any purchase.”However, other retired revenue officials say it is unfair to blame Axiata, and ask it to pay capital gains tax that should have been paid by TeliaSonera. He says the really guilty party here are the politicians who allowed TeliaSonera to leave without paying taxes, and this will dim Nepal’s investment climate just before an Investment Summit planned for next month, and after <a href="https://www.nepalitimes.com/here-now/to-davos-with-hammer-and-sickle/" target="_blank" rel="noopener">Prime Minister KP Oli’s visit to Davos</a> with the message that <a href="https://www.nepalitimes.com/editorial/crony-communism/" target="_blank" rel="noopener">Nepal was open for business</a>.The Surpeme Court verdict has also exposed a loophole in Nepal’s tax laws that allows shell companies to get away without paying taxes. TeliaSonera had its dividends frozen in Nepal by the Large Tax-payers’ Office, but the Supreme Court allowed the company to repatriate its profits.   According to the <a href="https://www.nepalitimes.com/latest/nepalis-in-tax-havens-swiss-banks-money-laundering/" target="_blank" rel="noopener">Nepal Leaks exposes</a> by the Centre for Investigative Journalism and the International Consortium of Investigative Journalists, Ncell owners had used the company to launder money as foreign direct investment. Ajeya Raj Sumargi, a businessman close to the former Maoist party and Birendra Mahato of the Federal Socialist Forum Nepal and brother of billionaire overseas Nepali Upendra Mahato were implicated in documents leaked through the Panama Papers about tax havens.The verdict this week opens the door for Nepal to tax FDI that is coming in from offshore tax havens.   Read also: <a href="https://archive.nepalitimes.com/regular-columns/Comment/making-nepal-fdi-friendly,853" target="_blank" rel="noopener">Making Nepal FDI friendly,</a> Shyamal K Shrestha<a href="http://archive.nepalitimes.com/news.php?id=962#.XFwMylUzaUk" target="_blank" rel="noopener">Fight for FDI</a>, Ashutosh Tiwari<a href="https://archive.nepalitimes.com/article/from-nepali-press/Ncell-has-complied-to-all-obligations,3047" target="_blank" rel="noopener">"Ncell has obliged to all obligations"</a>

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Supreme Court weighs in on Ncell tax dispute

At the stroke of the midnight hour, it finally came to something everyone in Nepal’s oldest and biggest party had been dreading — a split.
Not that this was anything new. The Nepali Congress (NC) had splintered twice before and the main protagonist both times was five-time prime minister Sher Bahadur Deuba. After the GenZ uprising and being physically mauled and his house looted and set on fire on 9 September Deuba had said he was stepping aside, but it seems old ambitions die hard.
The showdown between the Gagan Thapa-Bishow Prakash Sharma camp and Deuba came to a head on Wednesday as the establishment leadership decided to suspend Thapa, Sharma, and Farmullah Mansoor for five years to punish them for daring to challenge the leadership and hold a special general convention.&nbsp;
Bhrikuti Mandap in the centre of Kathmandu is the venue for trade exhibitions, but this week it was where an exhibition of everything that is wrong with Nepali politics was on full display — lack of internal party democracy and an unaccountable gerontocracy clinging on to power.&nbsp;
Thapa and Sharma had gathered the support of 62% of the NC membership at their convention and chose Gagan Thapa as the new party leader and proposed him as a prime ministerial candidate after the 5 March election.
Deuba’s allies had refused to attend or endorse the special general convention, and were adamant about holding a general convention to choose a new party head after the election. Thapa, Sharma and their supporters argued that the party faced ignominious defeat in the polls if Deuba insisted on being prime minister again.
The events of September 2025 have cast a long shadow over Nepali politics, with many new parties and alliances pledging to represent the aspirations of the GenZ movement. However, that realisation does not seem to have dawned on the tried, tested and failed leadership of the NC, UML and the NCP where the party leaders have held on to power by sidelining all rivals. &nbsp;
Thapa and Sharma were NC general secretaries held multiple rounds of discussions to convince Deuba to accept their eight-point demand that for the party’s and the country’s sake his time was up, and he should cut and cut cleanly. Despite having already handed over the party leadership to Purna Bahadur Khadka in September, Deuba refused to step down.&nbsp;
‘What demands has the Nepali Congress been unable to reconcile that it is headed for a split? There is no ideological dispute, just a proposal to make it easier to go for the election,’ noted journalist and author Narayan Wagle. ‘If those who have been in politics for so many years cannot reach an agreement, what have they learned in life and what hope is there for the country?’
Gagan Thapa was elected unopposed as the new party president on Thursday midnight, with Sharma and Pushpa Bhusal appointed vice-presidents. Thapa has said backroom talks are still ongoing though mediators, but for all intents and purposes the split seems irreconcilable.&nbsp;
The million dollar question now is: who gets to be the real Nepali Congress? Who gets the NC’s tree election symbol at the polls?
Both the Thapa and Deuba factions have written to the Election Commission (EC) laying claim to the party and its symbol. Whatever the EC decides, with less than two months to go for the polls, the dispute over its legitimacy will almost certainly have to be decided in the courts.
Deuba and his counterpart K P Oli in the UML have been unwilling or unable to fathom the level of outrage that young Nepalis feel about their parties. They have shown an inability to heed the call for institutional overhaul within parties and in Nepal’s political culture post-September. Second generation leaders within those parties who have grown old waiting for reform, seem to have better internalised the need for internal restructuring.&nbsp;
Oli has managed to hold on to power after displaying increasing authoritarianism within his UML, while Deuba has shown an unwillingness to bow out of leadership with grace. Both have squandered away their legacy.
For Gagan Thapa, the events of Thursday was a culmination of his long-standing claim for leadership change within the NC coupled with a compulsion to address the demands of the youth movement to maximise gains for his party this election. Just like Deuba, Thapa’s house was also looted and torched during the September protests.
Thapa told Onlinekhabar on Thursday: “Our belief was that we cannot go into elections under the present circumstances under [Sher Bahadur Deuba’s] leadership and with him as the party’s prime ministerial candidate. We would lose.”
The special general convention has taken further steps for reform, endorsing amendments to the party statue, which has set term limits for key leadership positions, including a one-term limit for party president, two-term limit for prime minister, three for a ministerial position, and four terms for a directly elected member of Parliament. Meanwhile, party members are only allowed to become lawmakers through the Proportional Representation system for one term.&nbsp;
If Thapa’s leadership holds legitimacy, this new chapter for the NC might come as a welcome change to young Nepalis who have been calling for leadership overhaul and internal party reforms within the establishment parties. But it may also come at the cost of the NC’s core base. It remains to be seen which side tips the scale at the polls.&nbsp;
The NC’s infighting and institutional shake-up has also posed fresh concerns about how it will affect the election schedule just as it looked as though all the mainstream political parties were finally on board and preparing for the polls. With voting barely weeks away, Nepal’s political parties are still too busy cleaning up their own house to give too much time to work on their platforms, agendas and serious campaigning
Historically, political break-ups and make-ups in Nepal are not set in stone. Even the newest alliance between Rabi Lamichhane’s RSP and Kulman Ghising’s UNP did not even last 12 days. &nbsp;Balen Shah is set to resign from his mayor position in the next and has gotten into the thick of election preparation with the RSP. His next step will be to choose which constituency he is going to contest from.
Meanwhile, in the light of a new day, the two NC factions may still decide that breaking up is hard to do when they are so close to elections, and the political stakes are so high.&nbsp;

Grand split in Nepal’s grand old party

Only a handful of people who witnessed the 1934 megaquake as children are still alive. And the memories of 2015 are fading fast.&nbsp;
We were shaken, but have not stirred into action. We have not even started preparing to be prepared for the inevitable, for it is not a question of ‘if’ but ‘when’.&nbsp;
Thursday 15 January was National Earthquake Safety Day commemorating the 1934 disaster that killed 10,000 people in Kathmandu Valley at a time when its population was barely 100,000.
Nepal is in an active seismic zone, and a really big one is overdue in the seismic gap in western Nepal where there has not been a megaquake for 500 years. The 7.8M quake in 2015 did not completely release the tectonic stress below Central Nepal.
An 8M+ earthquake epicentred in western Nepal will be even more violent than the 2015 one in Kathmandu and will be powerful enough to cause destruction across northern India as well.&nbsp;
We Nepalis are resilient, but we are also complacent and fatalistic. How else does one explain the unsafe and unplanned building construction in Kathmandu, Pokhara and other towns despite frequent reminders of what quakes can do?&nbsp;
Most designs are ad hoc and follow no engineering logic. Reinforced Cement Concrete (RCC) is now widespread across the country since such structures mostly withstood the 2015 event. But structural engineers say most concrete buildings are substandard, and can be death traps. Also, the country lacks equipment and training for search and rescue in cement houses.&nbsp;
FIRE HAZARD
If an earthquake struck Kathmandu on a windy winter evening, there is the added risk of fires from gas cylinders in collapsed buildings spreading across the densely packed city core. Fire trucks will not be able to reach those areas because the streets will be blocked.
Seismic risk is now amplified by climate breakdown. Nepal now needs to factor in the co-hazard of massive avalanches and Glacial Lake Outburst Floods (GLOFs) triggered by future earthquakes. There are 41 potentially dangerous glacial lakes in the region, and 27 of them are in Tibet feeding rivers that flow into Nepal. A megaquake there could cause multiple simultaneous GLOFs.&nbsp;
If the 2015 earthquake had not happened on a Saturday, tens of thousands of children could have been killed in the 7,000 schools that were flattened. More than 2,500 government buildings came down, and would have killed and trapped many if it had not been a weekend.
Schools and health facilities retrofitted before the disaster were unscathed, and served as shelters for survivors. Chhatrapati Free Clinic (CFC) was reinforced three years before the earthquake for Rs5.2 million, and with support from National Society of Earthquake Technology (NSET), 800 community members were trained in search and rescue.
Bhuwaneswori Secondary School in Bhaktapur and Bal Bikas Secondary School in Kathmandu both survived 2015 because they had been retrofitted. Singha Darbar, the Supreme Court and the Department of Roads buildings were also made seismic resistant after 2015 quake, but the arson attacks on 9 September gutted them.
While many private residential homes built after 2015 continue to flout building codes, municipalities are now stricter. New schools and colleges, hospitals and high rises now have to meet stringent requirements for seismic resistance.
Nepal is a hotspot for many types of disasters — earthquakes, floods, droughts, glacial outbursts, wildfires. These are not ‘natural’ disasters, they are human induced. Earthquakes do not kill people, poorly-built buildings do. Climate breakdown is anthropogenic.&nbsp;
Waiting for a disaster to strike means we have waited too long. Search and rescue readiness are well and good, but much more important is preparedness — seismic resistance structures especially of public buildings, strict zoning to establish open spaces, pre-positioning supplies and simulated drills.
We do not know how much time we have before the next one. But it is not too late to start preparing. &nbsp;
Sonia Awale

Shaken, but not stirred

The India Art Fair (IAF) advertises itself as ‘the biggest event in India’s cultural calendar … a leading platform’ for art collectors who can discover modern and contemporary art from South Asia.&nbsp; For this year’s ticketed event on 5-8 February in New Delhi, more than 133 exhibitors from 14 countries will be representing top artists from their networks. Danfe Arts, a touring art space from Kathmandu, will participate in the Galleries Section of IAF’s 17th edition featuring a booth with works by six Nepali artists.&nbsp; One of them is Sanjeep Maharjan, Assistant Professor for Sculpture at Kathmandu University, who will showcase his claywork as part of Danfe Arts’ entourage. In 2024, Maharjan curated a show for Danfe Arts at Takpa Gallery titled, ‘Unfolding the City’. The IAF prefers to showcase skilled artists who have honed their practice over many years. Much like various biennales and residencies that have been popping up increasingly in Asia, the Fair delves into sociopolitical issues of the region such as many comissioned works including <a href="https://indiaartfair.in/exhibitor/yogesh-barve-supported-by-art-charlie" target="_blank">Yogesh Barve</a>’s installation entitled ‘I am not your Dalit’ featured at the feastival last year.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260115110136_13f262546fca46c0fe4d76f758a694afe7c0c1cfee5bf74eb4f257f78734f8f2.jpg" data-media-id="editor_1" data-image-id="20260115110136_13f262546fca46c0fe4d76f758a694afe7c0c1cfee5bf74eb4f257f78734f8f2" data-rendition-name="original" width="989" height="1500" loading="lazy" alt="Nepali artists at India Art Fair"> <figcaption>Anil Shahi's Hand of Hope, Oil on Canvas, 36 x 60 inches. Exhibiting work at IAF.</figcaption> </figure>  As the name implies, it is a grand bazaar where artists and their agents show up, to be seen — a powerful regional platform where creativity merges with commercial interests. This is not necessarily a bad thing. Artists have a reputation for being weak at business.&nbsp; And in Kathmandu, where the contemporary art scene has been steadily expanding since the early aughts, more and more creatives are seeking platforms like IAF and collaborators like Danfe Arts in order to boost their portfolios. A NEW COURSE In 2022, I was invited to participate in a formal group discussion by founder of and curator at Danfe Arts Shivangi Bansal who was preparing to chart a new course with her Danfe Journal. The journal included photos of artworks as well as writings about art and helped bridge the gap between art and the Nepali public’s understanding of associated processes. Contemporary art and literature is considered a niche activity. Proper marketing and outreach is required to make the product accessible to the average consumer. Besides, consistency can also be an issue. Too often, energetic graduates might register organisations and launch initiatives only to burn out within a year or so. Nepali society would benefit more from a sustained effort with a long-term vision rather than trendy initiatives that look bright and shiny. Danfe Arts discontinued the journal but continued to engage with Nepal’s art community, like facilitating a commission for Mini Tamang by the India Art Fair (IAF) in 2025, as part of IAF’s Young Collector’s Program. Tamang’s artwork, ‘Evocative Waves’, was installed at New Delhi’s Stir Art gallery last year. In 2024, Danfe Arts had organised a group exhibition called ‘A Lake That Once Was’ in New Delhi’s Bikaner House to coincide with the India Art Fair, which listed the exhibition as part of its parallel programs. This meant the Nepali artists received more visibility and value among IAF’s much larger audience.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026011804014_2a15d57a63c375503965a41396b22c006152368a018450d2617f4c8c076ccc74.jpg" data-media-id="editor_2" data-image-id="2026011804014_2a15d57a63c375503965a41396b22c006152368a018450d2617f4c8c076ccc74" data-rendition-name="original" width="1500" height="998" loading="lazy" alt="arts"> <figcaption>A Lake That Once Was, 2024 at Bikaner House, Delhi.</figcaption> </figure>  Since its inception, Danfe Arts has put out an eclectic mix of programs, demonstrating innovative thinking and effort. With its multi-platform approach, Danfe Arts has collaborated with restaurants like Mezze, putting up an exhibition in November 2025, ‘Bhoye - The Feast’. Danfe Arts is also cultivating relationships with specific artists based on synergies and sensibilities.&nbsp; The history of art practice in Nepal is long and illustrious, but due to political and geographical constraints, esteemed artists have been sheltered and confined within our national borders.&nbsp; By featuring these six artists for the 2026 edition of IAF, Danfe Arts is helping them make regional connections. And as our artists and gallerists show up on global platforms, they might in turn compel Nepalis to view more critically the value of art and how creative practices can contribute positively to society. As technology takes over and AI bots spam the Internet, the issue of originality might become tantamount to survival. We should take risks in our professional pursuits in order to design new communal models of exchange. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; India Art Fair New Delhi 5-8 February&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026011804014_f226a31af8a33f8da5e7359886289de3fd1b2db17697b96b909404e582d75124.png" data-media-id="editor_3" data-image-id="2026011804014_f226a31af8a33f8da5e7359886289de3fd1b2db17697b96b909404e582d75124" data-rendition-name="original" width="1500" height="1875" loading="lazy" alt="arts"> </figure>

Nepali artists at India Art Fair

The series <a href="https://nepalitimes.com/multimedia/looking-good-by-doing-good">Nepal Made</a> profiles world-class Nepali products and the people behind them. Deepak Acharya was born and raised in Simara, before his uncle took him to Pokhara when he was only in sixth grade. After class, he helped sell jackets and outdoor gear at his uncle's Lakeside store. &nbsp; Twenty-two years later, &nbsp;Acharya is still selling jackets. Not international brands like he used to, but products of his own outdoor gear company, DOLPO.&nbsp; Acharya and his brother-in-law, Krishna Ammai, started making and selling jackets and gear for international companies out of Thamel. After losing his business partner in the 2015 earthquake, he was done selling imported items. He launched his own line of outerwear, named after Nepal’s rugged and remote district, known for its stunning arid landscape. The careful selection of the name DOLPO paid off. It took off, providing a high-quality, affordable Nepal-made alternative to foreign companies.&nbsp; “A lot of work went into choosing the name Dolpo,” says Acharya, who considered what came into people’s minds when they heard the name of a place with double-O sound. “I wanted a brand that local customers would instantly relate to toughness and mountains.” The elegant logo reflects this as well, made up of two overlapping rounded triangles denoting mountains with a third peak in the middle. Underneath is ‘DOLPO’ in upper case sans serif.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260116120148_968d9354094049265372d851d0e44e16ae4fc86b5631481e365e6e977f13d37d.jpg" data-media-id="editor_1" data-image-id="20260116120148_968d9354094049265372d851d0e44e16ae4fc86b5631481e365e6e977f13d37d" data-rendition-name="original" width="854" height="1280" loading="lazy" alt="Dolpo NT"> <figcaption>Photo: DOLPO</figcaption> </figure>  RIGHT QUALITY, RIGHT PRICE “Our philosophy is Right quality, Right price,” says co-founder Deepak Acharya, adding with a smile that the pricing strategy of a particular competitor has made business easy: “The employees at North Face may sell North Face, but they wear Dolpo.” The rebranding was so successful that Acharya regrets not launching it sooner. The reason for the success is that the outdoor gear market in Nepal has taken off with more and more domestic tourists trekking in the high mountains to share their adventures on social media.&nbsp; Nepalis seem to be consciously choosing sustainable, Nepal made products of international quality. Acharya says: “Of course, there will always be a demographic that only wears North Face, or Sonam. But we have the right design, right price philosophy.”&nbsp; DOLPO uses fabric and material mainly from Japan, and adheres to strict quality control. The reversible down jackets, windcheaters, shorts, fleece-lined pants, trekking trousers, backpacks, and polo shirts can be bought through its website, or two exclusive flagship stores in Sorakhutte and Thamel Chok. “After the rebrand, we slowly made a digital platform, marketed online, and worked with a delivery company to get items directly to buyers,” says Acharya. “We have no brokers or middlemen to keep prices low for the consumer.” DOLPO is a family business with Acharya’s mother and sister also involved, and nephew Nishant Ammai driving digital sales. Acharya points out that there is a lot of business opportunity in Nepal, as there are too many low-quality products being sold at too high a price. &nbsp;“The market is begging for an auto-correction,” he says. For Nepal’s pessimistic youth who are fleeing the country, Acharya urges patience: “The younger generation wants shortcuts. The mindset is to set up a venture and in three years they will be set for life. But this is not how success works.” “Choose a field, put in ten years of effort, really learn about it, and then you will see the vast possibility present in Nepal,” he continues.&nbsp; Last month, the DOLPO logo was seen on the jerseys of the Biratnagar Kings in NPL 2. The company made hats, jackets, and jerseys for star-studded cricket players including Lokesh Bam, Sandeep Lamichhane, Faf Du Plessis, and Martin Guptill. The Kings finished second in the group, and although Acharya is a football fan, he is happy to contribute to the rise of cricket in Nepal. &nbsp;&nbsp;

tax-laws

Supreme Court weighs in on Ncell tax dispute

Grand split in Nepal’s grand old party

Shaken, but not stirred

Nepali artists at India Art Fair

Proud to wear DOLPO