Skip to main content

Retro tax settlement window to shut on Dec 31

The government has fixed December 31, 2016, as the deadline to multinational companies, including Vodafone and Cairn, to settle their tax issues that arose as a result of the retrospective amendments to the Income Tax Act.
The two companies have so far not shown any inkling to opt for the government’s dispute resolution scheme, which opened on June 1.
Tax experts say since the principle tax amount is large, a better deal might have to be negotiated for these firms to give up their right to appeal or seek remedy from courts, as the matter has already reached the international arbitration stage.
Under the Dispute Resolution Scheme, the government has offered aone- time tax settlement, subject to firms agreeing to withdraw pending cases. In the offer, the government would waive the penalty and interest amount. The interest and penalty in both the Cairn and Vodafone cases are much larger than the original tax demand. In the case of Cairn Energy Plc, the Union finance ministry has issued a notice of ? 18,800 crore interest as of February 2016, in addition to ? 10,200 crore tax demand made on the company two years earlier.
UK- based Vodafone too is facing a tax demand of ? 7,990 crore, with the total amount rising to about ? 20,000 crore after interest and penalty.
“We have not heard from these companies yet. But the one- time settlement offer is open only till December 31. This is an opportunity for them as they have long- term interests in India,” said a government official.
While Vodafone did not respond to the questionnaire sent to them till the time of going to press, Cairn did not directly answer a query on whether they would opt for the scheme. It is instead looking for compensation from the government. “International arbitration proceedings, under the UK- India Investment Treaty, have commenced to settle the tax dispute which has been ongoing between Cairn Energy PLC and the Government of India since January 2014. Cairn has filed its Statement of Claim to the international arbitration panel. The decision of the arbitration panel will be final and binding,” said a Cairn spokesperson.
The arbitration panel is being chaired by Laurent Lévy, who is joined on the panel by two partyappointed arbitrators, Stanimir Alexandrov and Christopher Thomas.
The company said it had legal advice that the indian government’s actions in seeking to apply tax retrospectively to the internal group reorganisation in 2006 and “ in freezing Cairn’s assets in India are a breach of the Treaty, which protects against expropriation and ensures a fair and equitable investment environment for Britishinvestors in India”.
Business Standard New Delhi,12th July 2016

Comments

Popular posts from this blog

Data storage norm splits digital payments industry

Data storage norm splits digital payments industry  India’s nascent digital payment industry could be thrown into disarray due to the demand by the Reserve Bank of India (RBI) that all user data be stored within the country, fears an industry grouping, which has termed the decision as “heavy-handed”, even as others, including the country’s largest digital payment provider Paytm, have hailed the move.  In a bid to narrow the growing schism, the industry is planning to send a formal representation to the regulator highlighting its concerns, a top official told ET.  “We are trying to build a consensus on the issue," said the person adding that the representation to the central bank will be ready this week.  RBI on April 6, mandated all payment companies—global and local—to set up data storage facilities within India by October. The stringent six-month deadline has attracted the ire of several sections of the industry that fear it will lead to a disruption of wel...

Offer’s for all of you

Great Bumper Dhamaka Offer’s for all of you... It's Time to see your Business Online, WebeCreator Offer Website Designing with domain & Email @ nominal charges. For a year For More information visit us http://goo.gl/KlpppF call on 9890151261/9773197533  drop a mail to sales@webecreator.com

Sebi to finalise options in commodities today

The Commodity Derivatives Advisory Committee of the Securities and Exchange Board of India ( Sebi) will meet on Friday with senior officials of the latter, to give a final shape to the rules on options trading in commodity futures, beside revising the warehousing norms to ensure good delivery on settlement. The decision taken, after discussing with the advisory committee, will be placed before the regulator’s board, to finalise the regulations. According to knowledgeable sources, three commodities in each segment, agricultural and non- agricultural, have been proposed for introducing options. It appears commodities from the soya and guar segments are preferred in the former. From the non- agri segment, it is likely that gold, silver and crude oil will be finalised. All these These have better liquidity and both the National Commodity and Derivatives Exchange and the Multi Commodity Exchange, respectively, will be able to introduce the options. In the equity segments, options ar...