Hindustan Times (Patiala)

Tribunal upholds ₹10,247 crore retro tax on Cairn, but no interest

- Gireesh Chandra Prasad and Remya Nair gireesh.p@livemint.com

The Income Tax Appellate Tribunal (ITAT) on Friday upheld a ₹10,247 crore capital gains tax demand slapped on an arm of British explorer Cairn Energy Plc in connection with offshore transactio­ns involving Indian assets in 2006.

The Delhi bench of the tribunal rejected the explorer’s subsidiary Cairn UK Holdings Ltd.’s plea that the sale of shares representi­ng assets in India to the newly formed Cairn India Ltd. (CIL) was merely an internal reorganisa­tion with no income implicatio­ns in India.

The ruling is not expected to have any immediate impact on the long-pending dispute between Cairn and the Indian tax department. Cairn has already dragged the Indian government to internatio­nal arbitratio­n under the India-UK bilateral investment promotion treaty.

The tax tribunal pointed out that the transactio­n has helped in substantia­lly increasing the real income of the assessee.

It, however, ruled that Cairn is not liable to pay interest on the tax amount due as it could not have anticipate­d the tax liability that arose due to retrospect­ive amendments.

In response to emailed queries, Cairn UK Holdings Ltd said internatio­nal arbitratio­n proceeding­s are progressin­g in respect of the group’s claim. After Cairn Energy Plc’s sale of a majority stake in the Indian arm to London-listed Vedanta Resources Plc in 2011, it retained close to a 10% residual stake in the company. The stake was attached by the tax department in May 2014.

“Cairn is seeking restitutio­n for losses resulting from the attachment of its shares in CIL and failure to treat the Company and its investment­s fairly and equitably,” said a company statement.

The United Progressiv­e Alliance government brought in retrospect­ive amendments to tax laws in 2012 to ensure transactio­ns where the share transactio­n happens overseas but the underlying assets are in India, are subject to taxation in India.

 ?? MINT/FILE ?? The demand is in connection with offshore deals involving Indian assets in 2006
MINT/FILE The demand is in connection with offshore deals involving Indian assets in 2006

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