December 23, 2020
2 mins read

India Govt Set To Challenge Vodafone, Cairn Arb Awards

The Indian government may mount a challenge against the arbitration awards passed against it over retrospective taxation levy on Cairn Energy and Vodafone Group.

Sources privy to the development said that as both the arbitration cases have gone against the government and the Cairn Energy award also makes the government liable for damages, the order may be challenged at appropriate fora.

The government was waiting for outcome of the arbitration initiated against it for levy of over Rs 10,000 crore retrospective tax on Cairn Energy before finalising its stand on a similar tax dispute case with Vodafone Group where an international arbitration court has ruled against it and in favour of the telecom company.

A Finance Ministry statement on Wednesday (after the Cairn Energy arbitration order) said that it will be studying the award and all its aspects carefully in consultation with its counsel and then consider all options and “take a decision on further course of action, including legal remedies before appropriate fora”.

In the Cairn Energy case, the international arbitration tribunal ruled that India’s tax claim of Rs 10,247 crore in past taxes over internal reorganisation of Cairn’s India business was not a valid demand.

In a statement, Cairn said that the tribunal has awarded damages of $1.2 billion along with interest and costs.

The development came as a major setback for the Indian government after Vodafone Group Plc had won an international arbitration case against the Indian government in September.

Sources said that the government wanted to take a uniform stand challenging arbitration orders in both the cases so it waited for the outcome in Cairn Energy tax dispute case. Now as things stand where it is, sources said, necessary legal challenge would be mounted in both the case after further consultations.

Vodafone.

As reported by IANS earlier, thee government was evaluating options on its loss in arbitration case against Vodafone Group over retrospective tax demand of more than Rs 20,000 crore.

The options included bringing a new law to withdraw the 2012 amendment to settle its tax dispute with Vodafone after the Permanent Court of Arbitration (PCA) at The Hague ruled in favour of the company.

The other options, sources said, was to look at challenging the PCA award in its entirety or confining the challenge to sovereign immunities as claimed by Vodafone Plc under the India-UK Bilateral Investment Protection Agreement (BIPA) and the Netherlands-India Bilateral Investment Treaty (BIT).

Sources said that the government was looking at all options, taking view on which move would be the best course that settles the dispute once and for all, along with limiting the loss to the exchequer, if it is to be incurred.

Now with clarity emerging in both the cases, legal challenge looks the suitable outcome but alternate options would also be explored.

Also Read: Int’l Tribunal Rejects India’s Rs 10K Cr Claim Against Cairn

Also Read: Vodafone wins tax arbitration against India

Previous Story

Egypt calls for integrated media strategy

Next Story

UAE, Canada reaffirm support to ‘Circular Economy’

Previous Story

Egypt calls for integrated media strategy

Next Story

UAE, Canada reaffirm support to ‘Circular Economy’

Latest from Business

Airbus delivers first jet from new China line

Airbus has delivered the first A320neo from its second Tianjin assembly line, expanding production capacity as China’s aviation market continues to grow, reports Asian Lite News Desk Airbus has delivered the first

Hong Kong retains global finance crown in Asia

Hong Kong retains third place in the latest global financial centres index, leading Asia-Pacific while ranking first worldwide in fintech and financial sector development, reports Asian Lite News Desk Hong Kong has

Oracle cuts jobs as AI spending surges

The move follows a substantial reduction in Oracle’s workforce during the company’s latest financial year. Company filings show that its employee count fell by around 21,000, or 13 per cent, during the

India Remittances Surge Over Decade

Digital connectivity has strengthened these links by allowing migrants to share knowledge and expertise remotely while continuing to work and remain economically active overseas…reports Asian Lite News Desk India’s remittance economy has

Apple Bundles TV, Arcade With iCloud+

Apple said the expanded iCloud+ package will roll out in more than 100 countries and regions through the end of September Apple has expanded its technology and subscription ecosystem in India with
Go toTop