Sunday , October 23 2016

Government pursues placing Cairn arbitration on hold

Cairn India facing an Rs 20,495 crore retrospective tax demands in 10-year recent capital gains tax issue.


New Delhi: Government has wanted putt on hold the arbitration initiated by British oil adventurer Cairn Energy against an Rs 29,047 crore retrospective tax demand and instead desires a parallel arbitration initiated by Vedanta Resources to be preoccupied initial.

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The government mistreatment retrospective tax legislation had in Jan 2014 delivered a tax notice on Cairn Energy for suspected capital gains it created on a 10-year recent internal reorganization of its India element.

Three months later in April 2014, it obligatory a tax demand of Rs 20,495 large integer on Cairn India, the united kingdom firm’s erstwhile subsidiary for failing to deduct tax on the capital gains.

Cairn Energy and Vedanta, that had bought Cairn India from the Scottish firm in 2011, had initiated separate arbitrations against the tax demands. Cairn Energy had started the arbitration in March 2015 and therefore the three-member arbitration panel had been planted.

But at a hearing earlier this month, the govt contended that the proceedings ought to be placed on hold, sources aforementioned. Its counsel argued that the govt desires the arbitration initiated by Vedanta to be preoccupied initial.

Sources aforementioned the counsel conjointly created associate application seeking longer to file answer to Cairn Energy’s demand for USD 5.6 billion in compensation from the Indian government for raising a retrospective tax demand.

As per the schedule needed, the reply was to be filed by period of time.

Sources said that within the Vedanta arbitration, the govt might contend that tax problems cannot be arbitrated beneath bilateral investment protection pact and once it wins a favourable finding of fact there, it’ll use a similar to quell Cairn Energy’s plea further.

A three-member arbitration panel headed by Geneva-based intercessor Laurent Levy began hearing Cairn Energy’s plea against tax demand in might and therefore the company filed its ‘Statement of Claim’ in late June.

The Indian government was to file its ‘Statement of Defence’ by period of time and evidentiary hearing was expected to begin in early 2017, sources aforesaid, adding that the plea created by the govt can basically delay the complete method

The British firm challenged the assessment by seeking a global arbitration beneath the UK-India Investment pact that in contrast to the Dutch pact provides for resolution of tax problems. United Kingdom telecommunication firm Vodafone has initiated arbitration on a separate retrospective tax beneath the Dutch pact.

Cairn Energy named former Bulgarian minister Stanimir Alexandrov as its intercessor within the tax dispute whereas India appointed Singapore-based professional person J Saint Christopher Thomas as its intercessor. The seat of the panel was determined to be within The Hague, Holland.

Post expires at 5:39pm on Friday December 23rd, 2016

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