Cairn Energy Wins Arbitration Award against India's Rs10,247 Crore Tax Claim

IANS 23 December 2020

Economy & Nation

British energy major Cairn Energy has won an international arbitration case against the Indian government over a tax dispute.

An international arbitration tribunal ruled that India's tax claim of Rs10,247 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 tribunal ruled unanimously that India had breached its obligations to Cairn under the UK-India Bilateral Investment Treaty and has awarded to Cairn damages of US$1.2billion plus interest and costs, which now becomes payable," it said.

Cairn's claim was brought under the terms of the UK-India Bilateral Investment Treaty, the legal seat of the tribunal was the Netherlands and the proceedings were under the registry of the Permanent Court of Arbitration.

Cairn Energy had in 2010-11 sold Cairn India to Vedanta. Post the merger of Cairn India and Vedanta in April 2017, the UK firm's shareholding in Cairn India was replaced by a shareholding of about 5% in Vedanta issued together with preference shares.

Along with attaching its shares in Vedanta, the tax department seized dividends of around Rs1,140 crore due to it from the shareholdings and set-off a Rs1,590-crore tax refund against the demand.

In 2015, Cairn initiated an international arbitration to challenge retrospective taxation.

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

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tillan2k

4 years ago

Report it other way Govt loses. Why international house opt and condition on international arbitration?? No faith or trust in Indian judicial system and overriding Parliament system. Adverse awards will be nullified by executive orders, spectrum , ITC Vodafone are glaring example . FDI with India dispute resolution system is incompatible