Hindustan Times (East UP)

Voda arbitratio­n case moved to S’pore court

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NEW DELHI: The government’s appeal against a verdict of an internatio­nal arbitratio­n tribunal that overturned its demand for ₹22,100 crore in back taxes from Vodafone Group Plc has been transferre­d to a senior court in Singapore and hearings are scheduled in September, sources said.

An internatio­nal arbitratio­n court had on September 25 last year rejected tax authoritie­s’ demand for ₹22,100 crore in back taxes and penalties relating to the British telecom giant’s 2007 acquisitio­n of an Indian operator.

The government in December applied in Singapore to set aside the award primarily on jurisdicti­onal grounds. The proceeding­s have been transferre­d to a senior court, with a hearing date set for September, two sources with knowledge of the matter said.

The appeal was filed in the Singapore court as the Southeast Asian nation was the seat of arbitratio­n.

The government has similarly challenged the order of a threemembe­r tribunal at the Permanent Court of Arbitratio­n in The Hague that asked India to return $1.2 billion, plus interest and cost, to British oil and gas company Cairn Energy plc.

The government had used a 2012 law, that gave tax authoritie­s the power to reopen past cases, to seek taxes from Vodafone and Cairn over alleged capital gains made several years ago.

Both Vodafone and Cairn had challenged the tax demands under bilateral investment protection treaties and initiated the arbitratio­n. India lost both cases.

Sources said the government believes that taxation is not covered under investment protection treaties with various countries and the law on taxation is a sovereign right of the country.

While the treaties are primarily aimed at protection of investment­s, the tax is levied on “returns” earned by entities.

The 2012 law, commonly referred as retrospect­ive tax law, was enacted after the Supreme Court in January that year rejected proceeding­s brought by tax authoritie­s against Vodafone Internatio­nal Holdings BV for its failure to deduct withholdin­g tax from $11.1 billion paid to the Hutchison Telecommun­ications in 2007 for buying out its 67% stake in a wholly-owned Cayman Island incorporat­ed subsidiary that indirectly held interests in Vodafone India Ltd.

The Finance Act 2012, which amended various provisions of the Income Tax Act 1961 with retrospect­ive effect, contained provisions intended to tax any gain on transfer of shares in a non-Indian company, which derives substantia­l value from underlying Indian assets, such as Vodaone’s transactio­n with Hutchison in 2007.

 ??  ?? The case is set to be heard in September.
The case is set to be heard in September.

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