CII calls for a trust-based, technology-enabled tax system; proposes simplified TDS regime, statutory taxpayers’ charter, and paper-free customs roadmap in pre-Budget 2026-27 proposals
A major focus of the new tax bill is likely to be on lowering the number of such disputes by clearly defining provisions and minimising room for aggressive interpretation.
International arbitration is at the heart of the bilateral investment treaties signed by the government since 2015 when the Centre unilaterally cancelled all investment and tax agreements. While foreign companies claim the Indian legal system is slow and corrupt, the government is against fighting legal battles abroad that bleed public coffers.
Post slapping of a Rs 10,247 crore tax demand on UK's Cairn Energy Plc for alleged capital gains made on a 2016 internal reorganisation of its India business, the Income Tax Department had sought Rs 20,495 crore in taxes from Cairn India for failing to deduct tax on capital gains made by its British parent.
Settling legacy tax disputes could go a long way in convincing global investors about a stable investment climate in the country
Cairn has registered its claim against India in courts in the United States, Britain, France, the Netherlands, Singapore and Quebec, moves that could make it easier to seize assets and enforce the arbitration award.
Cairn was awarded damages of more than $1.2 billion plus interest and costs in December in a long drawn-out tussle with the Indian government over its retrospective tax claims.
The meeting between Cairn Energy CEO Simon Thomson and finance secretary Ajay Bhushan Pandey comes amid speculation that India is set to challenge an international arbitration award that went against it over the retrospective levy of taxes.
MAP is an alternative dispute resolution process under the tax treaties, under which competent authorities of two countries enter into discussions to resolve tax related disputes.
As Vodafone had not deducted the tax at source, the government had raised the demand of Rs 11,000 crore which was subsequently quashed by the Supreme Court on January 20, 2012, the High Court said.
As many as 1,36,365 indirect tax dispute cases are pending before CESTAT, Commissioner (Appeal), High Court and Supreme Court having a financial implication of Rs 2,11,881 crore at the end of September 2015, Parliament was informed today.
Vodafone added 4.4 million customers in India in the first half of the year, taking its total in the country to 188.2 million.
"We have said that if we are allowed to sell the factory, any money we get from the sale, we would put it in the escrow account. It won't be ours. We would put it in a place until the tax dispute is resolved," said Barry French, Executive Vice President, Marketing, Communications and Corporate Affairs, Nokia.
The Supreme Court's website showed Nokia's appeal was listed to be heard on Monday. The court does not usually give a verdict on the first day of hearing.
Vodafone responded to the finance minister‘s statement saying that the government has rejected all the suggestions given by the company on tax dispute.
The issue pertains to sale of call centre business to Hutchison Whampoa Properties India Ltd and the "assignment of call options" to Vodafone International Holdings BV in 2007-08. Red-flagging these transactions, the department had sought to add 8500 cr to the British telecom major‘s taxable income.
The fate of the Nokia-Microsoft deal remains to be seen because the High Court on Wednesday clarified that whatever order it is going to pass on Thursday, it will factor in the impact that it would have on 5000 people who are directly employed at this plant and another 20,000 people who are indirectly dependent on it.
According to sources, Vodafone and the government have concluded the pre-conciliation talks towards the settlement of long-pending tax dispute. While Vodafone had selected its senior official Mathew Kirk for the pre-conciliation talks, the government was represented by law Secretary P K Malhotra.
Nokia had written a letter to the Commerce Ministry in June, threatening to exit from India following the non-refund of value added tax by the Tamil Nadu government and the Rs 2,080 crore tax dispute.
CNBC-TV18‘s Aakansha Sethi reports that the most likely settlement of the tax dispute with Vodafore is that the government, under the Income Tax Act, could use its powers to waive the penalty and interest