独家
政府发布的声明草案由公司支持撤军的复古税收的要求
凯恩印度征收税2006内部重组业务清单沃达丰之前被指控没有预提税从考虑印度电信单位支付收购和记黄埔的股份。
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中心清理股权转换沃达丰的想法
“我们寻求一个坚定的承诺,Aditya Birla集团将经营公司,把必要的投资。圈子已经同意,因此我们同意转换。我们希望印度运营商市场+ BSNL,确保健康的竞争对于消费者来说,“电信部长Ashwini Vaishnaw说。
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此举将帮助关闭复古税收的要求等对公司凯恩能源和沃达丰股价,收入税务部门周六公布的规则草案放弃这样的要求提供有关公司给出一个“不可撤销的”承诺撤回所有反对政府的法律案件以及承诺不寻求任何未来。本月早些时候,政府制定税收法律(修正案)法案2021年废除税收规则了税务部门权力去50年前,资本利得征税无论所有权易手海外但在印度业务资产。
该规则被用来征收17日累计十万的1.10卢比的税收实体,包括10247卢比在凯恩和22100卢比沃达丰(Vodafone)。
凯恩印度征收税2006内部重组业务清单沃达丰之前被指控没有预提税从考虑印度电信单位支付收购和记黄埔的股份。
抓取这些要求,政府答应退款8100卢比已经收集了从公司执行复古的税收需求。批量- 7900卢比是由于英国凯恩能源的孤独。这是只有在完成有关公司给了一个承诺撤回所有礼物等不带追索权的法律挑战。
“2021年法案的修正案也提供了海外的需求提出了间接转让印度资产2012年5月28日之前(包括需求的验证提供了根据财政法案的119节2012)应当无效等满足指定条件的撤军或家具事业的撤军的未决诉讼和装饰工程的效果没有索赔成本,损害赔偿,兴趣,等应当提交,等其他条件满足规定,“税务部门在一份声明中说。
支付金额/收集在这些情况下应当退还,没有任何利益,满足的条件说,它补充说,草案进行发布的评论。
宣言提供了“不可逆转地收回,停止,而不是追求“任何现在或将来的法律挑战对税收的需求。
凯恩和沃达丰(Vodafone)挑战了复古的税收需求国际仲裁前面板统治他们的支持。其他公司也有减轻各种印度法庭。
在凯恩的情况下,英国公司被授予12亿美元申请其股票的价值被扣押,税务部门卖的,红利抓住和退税扣留。
政府未能支付,公司搬到美国和法国恢复等司法管辖区的钱由于抓住印度资产。
新的法律将要求所有公司撤出印度挑战和凯恩放弃其追求的印度资产在美国,法国和其他国家。
“修正案由2021年法案的目的是将税收确定性和确保一旦满足指定条件,未决诉讼所得税应撤销,需求,如果有,应当无效,和数量,如果有的话,收集应当退还纳税人没有任何兴趣,”声明说。
实现2021年法案的修正案,草案已经准备修改所得税规则,1962年完成指定的条件和过程给效应遵循2021年法案的修正案,它说。
“建议/意见草案通知被邀请从所有利益相关者和公众,可以提供最新电子由9月4日,2021年。”
Nangia安徒生LLP)合伙人Sandeep Jhunjhunwala原则上说,草案建议纳税人的情况下指定的订单已不可逆转地撤出,需要通过中断,不追求任何诉讼上诉论坛之前,包括诉讼仲裁、调解或者调解和实施或追求附件的任何奖项,订单或判断。
“有趣的是,任何争端对规定的形式或下订单这些规则将由印度法律和法院专属管辖权决定纠纷,“Jhunjhunwala补充道。
该规则被用来征收17日累计十万的1.10卢比的税收实体,包括10247卢比在凯恩和22100卢比沃达丰(Vodafone)。
凯恩印度征收税2006内部重组业务清单沃达丰之前被指控没有预提税从考虑印度电信单位支付收购和记黄埔的股份。
“2021年法案的修正案也提供了海外的需求提出了间接转让印度资产2012年5月28日之前(包括需求的验证提供了根据财政法案的119节2012)应当无效等满足指定条件的撤军或家具事业的撤军的未决诉讼和装饰工程的效果没有索赔成本,损害赔偿,兴趣,等应当提交,等其他条件满足规定,“税务部门在一份声明中说。
支付金额/收集在这些情况下应当退还,没有任何利益,满足的条件说,它补充说,草案进行发布的评论。
宣言提供了“不可逆转地收回,停止,而不是追求“任何现在或将来的法律挑战对税收的需求。
在凯恩的情况下,英国公司被授予12亿美元申请其股票的价值被扣押,税务部门卖的,红利抓住和退税扣留。
政府未能支付,公司搬到美国和法国恢复等司法管辖区的钱由于抓住印度资产。
新的法律将要求所有公司撤出印度挑战和凯恩放弃其追求的印度资产在美国,法国和其他国家。
“修正案由2021年法案的目的是将税收确定性和确保一旦满足指定条件,未决诉讼所得税应撤销,需求,如果有,应当无效,和数量,如果有的话,收集应当退还纳税人没有任何兴趣,”声明说。
实现2021年法案的修正案,草案已经准备修改所得税规则,1962年完成指定的条件和过程给效应遵循2021年法案的修正案,它说。
“建议/意见草案通知被邀请从所有利益相关者和公众,可以提供最新电子由9月4日,2021年。”
Nangia安徒生LLP)合伙人Sandeep Jhunjhunwala原则上说,草案建议纳税人的情况下指定的订单已不可逆转地撤出,需要通过中断,不追求任何诉讼上诉论坛之前,包括诉讼仲裁、调解或者调解和实施或追求附件的任何奖项,订单或判断。
“有趣的是,任何争端对规定的形式或下订单这些规则将由印度法律和法院专属管辖权决定纠纷,“Jhunjhunwala补充道。
In a move that will aid closure of retro tax demands<\/a> against companies such as Cairn<\/a> Energy and Vodafone PLC<\/a>, the Income Tax Department<\/a> on Saturday released draft of rules to drop such demands provided companies concerned give an \"irrevocable\" undertaking to withdraw all legal cases against the government as well as undertake not to pursue any in future. Earlier this month, the government enacted the Taxation Laws (Amendment) Act 2021 to scrap a tax rule that gave the tax department<\/a> power to go 50 years back and slap capital gains levies wherever ownership had changed hands overseas but business assets were in India.
That rule had been used to levy a cumulative of Rs 1.10 lakh crore of taxes on 17 entities, including Rs 10,247 crore on Cairn and Rs 22,100 crore on Vodafone<\/a>.
Cairn was levied tax for a 2006 internal reorganisation of India business before listing while Vodafone was charged for not withholding tax from consideration it paid for acquiring Hutchison stake in India telecom unit.
That rule had been used to levy a cumulative of Rs 1.10 lakh crore of taxes on 17 entities, including Rs 10,247 crore on Cairn and Rs 22,100 crore on Vodafone<\/a>.
Cairn was levied tax for a 2006 internal reorganisation of India business before listing while Vodafone was charged for not withholding tax from consideration it paid for acquiring Hutchison stake in India telecom unit.
<\/div><\/div>Scraping such demands, the government undertook to refund Rs 8,100 crore it had collected from companies to enforce the retro tax<\/a> demand. A bulk - Rs 7,900 crore - is due to Cairn Energy of UK alone. This was to be done only if the companies concerned gave an undertaking to withdraw all present legal challenges as well as not take such recourse in the future.
\"The amendment made by 2021 Act also provides that the demand raised for offshore indirect transfer of Indian assets<\/a> made before 28th May, 2012 (including the validation of demand provided under Section 119 of the Finance Act 2012) shall be nullified on fulfillment of specified conditions such as withdrawal or furnishing of undertaking for withdrawal of pending litigation and furnishing of an undertaking to the effect that no claim for cost, damages, interest, etc. shall be filed and such other conditions are fulfilled as may be prescribed,\" the tax department said in a statement.
The amount paid\/collected in these cases shall be refunded, without any interest, on fulfillment of the said conditions, it said, adding a draft of the undertaking is being released for comments.
The declaration provides for \"irrevocably withdraw, discontinue and not pursue\" any present or future legal challenge against the tax demand.
\"The amendment made by 2021 Act also provides that the demand raised for offshore indirect transfer of Indian assets<\/a> made before 28th May, 2012 (including the validation of demand provided under Section 119 of the Finance Act 2012) shall be nullified on fulfillment of specified conditions such as withdrawal or furnishing of undertaking for withdrawal of pending litigation and furnishing of an undertaking to the effect that no claim for cost, damages, interest, etc. shall be filed and such other conditions are fulfilled as may be prescribed,\" the tax department said in a statement.
The amount paid\/collected in these cases shall be refunded, without any interest, on fulfillment of the said conditions, it said, adding a draft of the undertaking is being released for comments.
The declaration provides for \"irrevocably withdraw, discontinue and not pursue\" any present or future legal challenge against the tax demand.
<\/div><\/div>Both Cairn and Vodafone had challenged the retro tax demand before international arbitration panels which ruled their favour. Other companies too have got relief from various Indian courts.
In the case of Cairn, the British firm was awarded USD 1.2 billion in claims for the value of its shares that were seized and sold by the tax department, dividend seized and tax refund withheld.
The government failed to pay and the company moved jurisdictions such as the US and France to recover the money due by seizing Indian assets.
The new law will require all the companies to withdraw Indian challenges and Cairn dropping its pursuits of Indian assets in the US, France and other foreign countries.
\"The aim of the amendment made by the 2021 Act is to bring tax certainty and ensure that once specified conditions are fulfilled, the pending Income-tax proceedings shall be withdrawn, demand, if any, raised shall be nullified, and amount, if any, collected shall be refunded to the taxpayer without any interest,\" the statement said.
To implement the amendment made by 2021 Act, draft rules have been prepared to amend the Income-tax Rules, 1962 which specify the conditions to be fulfilled and the process to be followed to give effect to the amendment made by the 2021 Act, it said.
\"Suggestions\/comments on the draft notification are invited from all stakeholders and the public and can be furnished electronically latest by 4th September, 2021.\"
Nangia Andersen LLP Partner Sandeep Jhunjhunwala said in principle, the draft rule proposes that the taxpayer in whose case a specified order has been passed is required to irrevocably withdraw, discontinue and not to pursue any proceedings before the appellate forum, including proceedings for arbitration, conciliation or mediation and for enforcing or pursuing attachments in respect of any award, order or judgement.
\"Interestingly, any dispute with respect to any of the prescribed forms or orders under these rules would be governed by the Indian laws and Indian courts would have the exclusive jurisdiction to decide disputes,\" Jhunjhunwala added.<\/div><\/div>
In the case of Cairn, the British firm was awarded USD 1.2 billion in claims for the value of its shares that were seized and sold by the tax department, dividend seized and tax refund withheld.
The government failed to pay and the company moved jurisdictions such as the US and France to recover the money due by seizing Indian assets.
The new law will require all the companies to withdraw Indian challenges and Cairn dropping its pursuits of Indian assets in the US, France and other foreign countries.
\"The aim of the amendment made by the 2021 Act is to bring tax certainty and ensure that once specified conditions are fulfilled, the pending Income-tax proceedings shall be withdrawn, demand, if any, raised shall be nullified, and amount, if any, collected shall be refunded to the taxpayer without any interest,\" the statement said.
To implement the amendment made by 2021 Act, draft rules have been prepared to amend the Income-tax Rules, 1962 which specify the conditions to be fulfilled and the process to be followed to give effect to the amendment made by the 2021 Act, it said.
\"Suggestions\/comments on the draft notification are invited from all stakeholders and the public and can be furnished electronically latest by 4th September, 2021.\"
Nangia Andersen LLP Partner Sandeep Jhunjhunwala said in principle, the draft rule proposes that the taxpayer in whose case a specified order has been passed is required to irrevocably withdraw, discontinue and not to pursue any proceedings before the appellate forum, including proceedings for arbitration, conciliation or mediation and for enforcing or pursuing attachments in respect of any award, order or judgement.
\"Interestingly, any dispute with respect to any of the prescribed forms or orders under these rules would be governed by the Indian laws and Indian courts would have the exclusive jurisdiction to decide disputes,\" Jhunjhunwala added.<\/div><\/div>
Follow and connect with us on Twitter<\/a>, Facebook<\/a>, Linkedin<\/a>, Youtube<\/a><\/div>","NumberOfSentences":{"minfo":"21.0","minfoseo":"21-0"},"AutomatedReadabilityIndex":{"minfo":"14.0","minfoseo":"14-0"},"LastPublishMilliTime":{"minfo":"1630159210901","minfoseo":"1630159210901"},"ReadabilityGradeLevel":{"minfo":"College","minfoseo":"college"},"HashCode":{"minfo":"-703093492","minfoseo":"-703093492"},"latestnewsflag":{"minfo":"1.0","minfoseo":"1-0"},"NumberOfCharacters":{"minfo":"4440.0","minfoseo":"4440-0"},"NumberOfWords":{"minfo":"717.0","minfoseo":"717-0"},"key":{"0":{"keyid":"999732","value":"retro tax","smid":"0","keynameseo":"retro-tax","keytype":"","keycount":"totalcount","weightage":"100"},"1":{"keyid":"11971216","value":"Vodafone Pls retro tax case","smid":"0","keynameseo":"Vodafone-Pls-retro-tax-case","keytype":"","keycount":"totalcount","weightage":"20"},"2":{"keyid":"359325","value":"vodafone plc","smid":"0","keynameseo":"vodafone-plc","keytype":"","keycount":"totalcount","weightage":"20"},"3":{"keyid":"15492","value":"vodafone","smid":"0","keynameseo":"vodafone","keytype":"","keycount":"totalcount","weightage":"20"},"4":{"keyid":"6361558","value":"tax department","smid":"0","keynameseo":"tax-department","keytype":"","keycount":"totalcount","weightage":"20"},"5":{"keyid":"399688","value":"tax demands","smid":"0","keynameseo":"tax-demands","keytype":"","keycount":"totalcount","weightage":"20"},"7":{"keyid":"733533","value":"Indian assets","smid":"0","keynameseo":"Indian-assets","keytype":"","keycount":"totalcount","weightage":"20"},"8":{"keyid":"65338","value":"income tax department","smid":"0","keynameseo":"income-tax-department","keytype":"","keycount":"totalcount","weightage":"20"},"9":{"keyid":"11971084","value":"cairn","smid":"0","keynameseo":"cairn","keytype":"","keycount":"totalcount","weightage":"20"}},"authorsplit":[],"similarlytagged":[{"msid":"89358503","stname":"Govt to settle almost all retro-tax cases this month: Revenue Secy","artsyn":"To repair India's damaged reputation as an investment destination, the government in August 2021 enacted a new legislation to drop all such demand and refund about Rs 8,100 crore collected on the condition that any pending lawsuit or legal challenge against the government anywhere in the world would be dropped.","seolocation":"telecomnews\/govt-to-settle-almost-all-retro-tax-cases-this-month-revenue-secy","seolocationalt":"Govt to settle almost all retro-tax cases this month: Revenue Secy","url_seo":"govt-to-settle-almost-all-retro-tax-cases-this-month-revenue-secy"},{"msid":"88062257","stname":"Vodafone files for retro tax settlement with India","artsyn":"Cairn Energy and all the other companies covered by the retrospective tax had already applied for settlement with the Income Tax department after the final rules under the Taxation Laws (Amendment) Act 2021 were issued.","seolocation":"telecomnews\/vodafone-files-for-retro-tax-settlement-with-india","seolocationalt":"Vodafone files for retro tax settlement with India","url_seo":"vodafone-files-for-retro-tax-settlement-with-india"},{"msid":"87022657","stname":"New rules for Vodafone retrospective tax settlement notified","artsyn":"Vodafone\u2019s tax demand in the tax dispute was validated under section 119, as distinct from the others and therefore a separate set of rules had to be notified. Conditions, prescribed under these rules, are akin to the ones issues earlier. The company will have 45 days to file its application to settle its tax dispute.","seolocation":"telecomnews\/new-rules-for-vodafone-retrospective-tax-settlement-notified","seolocationalt":"New rules for Vodafone retrospective tax settlement notified","url_seo":"new-rules-for-vodafone-retrospective-tax-settlement-notified"},{"msid":"86955223","stname":"Separate rules soon for Vodafone retrospective tax settlement","artsyn":"Vodafone will have 45 days from the date of notification of these rules to approach the government for settlement. \"Rules would be notified soon,\" the official said, adding that the broad template of the rules would be akin to the final set of norms issued for settlement mandating indemnity from the companies willing to settle.","seolocation":"telecomnews\/separate-rules-soon-for-vodafone-retrospective-tax-settlement","seolocationalt":"Separate rules soon for Vodafone retrospective tax settlement","url_seo":"separate-rules-soon-for-vodafone-retrospective-tax-settlement"},{"msid":"85996447","stname":"Vodafone, Cairn flag terms for settling retro tax cases","artsyn":"\u200b\u200bThe two British companies raised these issues in feedback on draft rules issued by the Central Board of Direct Taxes (CBDT) last month. Cairn has sought removal of the clause requiring all interested parties to waive claims.","seolocation":"telecomnews\/vodafone-cairn-flag-terms-for-settling-retro-tax-cases","seolocationalt":"Vodafone, Cairn flag terms for settling retro tax cases","url_seo":"vodafone-cairn-flag-terms-for-settling-retro-tax-cases"},{"msid":"85716753","stname":"Government releases draft of declaration to be given by companies to enable withdrawal of retro tax demands","artsyn":"Cairn was levied tax for a 2006 internal reorganisation of India business before listing while Vodafone was charged for not withholding tax from consideration it paid for acquiring Hutchison stake in India telecom unit.","seolocation":"telecomnews\/government-releases-draft-of-declaration-to-be-given-by-companies-to-enable-withdrawal-of-retro-tax-demands","seolocationalt":"Government releases draft of declaration to be given by companies to enable withdrawal of retro tax demands","url_seo":"government-releases-draft-of-declaration-to-be-given-by-companies-to-enable-withdrawal-of-retro-tax-demands"},{"msid":"85419649","stname":"Nothing that we are doing on retro tax affects right of a sovereign govt: Nirmala Sitharaman","artsyn":"India is ideally placed to attract businesses looking to move out of China, finance minister Nirmala Sitharaman said in an interview to Deepshikha Sikarwar and Bodhisatva Ganguli. She also said the telecom ministry was looking into the adjusted gross revenue (AGR) issue. Edited excerpts","seolocation":"telecomnews\/nothing-that-we-are-doing-on-retro-tax-affects-right-of-a-sovereign-govt-nirmala-sitharaman","seolocationalt":"Nothing that we are doing on retro tax affects right of a sovereign govt: Nirmala Sitharaman","url_seo":"nothing-that-we-are-doing-on-retro-tax-affects-right-of-a-sovereign-govt-nirmala-sitharaman"},{"msid":"85370396","stname":"Finance minister Nirmala Sitharaman says rules on retro tax to be framed soon","artsyn":"The finance minister said her ministry officials are discussing with Cairn, Vodafone on closure of retro tax cases, refund and settlement.","seolocation":"telecomnews\/finance-minister-nirmala-sitharaman-says-rules-on-retro-tax-to-be-framed-soon","seolocationalt":"Finance minister Nirmala Sitharaman says rules on retro tax to be framed soon","url_seo":"finance-minister-nirmala-sitharaman-says-rules-on-retro-tax-to-be-framed-soon"},{"msid":"85326740","stname":"Retro tax law scrapped; Taxation Law (Amendments) Act 2021 gets Presidential assent","artsyn":"The law provides a framework for resolving international arbitration cases that the government has lost, namely those filed by Vodafone Group Plc and Cairn Energy and 15 others stemming from the retrospective tax law.","seolocation":"telecomnews\/retro-tax-law-scrapped-taxation-law-amendments-act-2021-gets-presidential-assent","seolocationalt":"Retro tax law scrapped; Taxation Law (Amendments) Act 2021 gets Presidential assent","url_seo":"retro-tax-law-scrapped-taxation-law-amendments-act-2021-gets-presidential-assent"},{"msid":"85216584","stname":"Govt will refund Rs 8000 crore to four companies once new taxation laws come into effect: CBDT Chairperson","artsyn":"The Bill will do away with the retrospective tax provision and end-all retrospective taxes imposed on indirect transfer of Indian assets made before May 28, 2012.","seolocation":"telecomnews\/govt-will-refund-rs-8000-crore-to-four-companies-once-new-taxation-laws-come-into-effect-cbdt-chairperson","seolocationalt":"Govt will refund Rs 8000 crore to four companies once new taxation laws come into effect: CBDT Chairperson","url_seo":"govt-will-refund-rs-8000-crore-to-four-companies-once-new-taxation-laws-come-into-effect-cbdt-chairperson"},{"msid":"85095173","stname":"View: Retro tax move may not be enough to repair India's reputation","artsyn":"Is this a fresh start, the beginning of an open, predictable, and fair relationship between New Delhi and global capital? It\u2019ll require a lot more evidence to answer that question in the affirmative.","seolocation":"telecomnews\/view-retro-tax-move-may-not-be-enough-to-repair-indias-reputation","seolocationalt":"View: Retro tax move may not be enough to repair India's reputation","url_seo":"view-retro-tax-move-may-not-be-enough-to-repair-indias-reputation"},{"msid":"79953553","stname":"Vodafone retro tax case: All you need to know","artsyn":"In 2012, Indian govt amended the Income Tax Act retrospectively.","seolocation":"telecomnews\/vodafone-retro-tax-case-all-you-need-to-know","seolocationalt":"Vodafone retro tax case: All you need to know","url_seo":"vodafone-retro-tax-case-all-you-need-to-know"},{"msid":"78327940","stname":"Vodafone\u2019s arbitration win may influence other cases over retro tax claims","artsyn":"India\u2019s loss in an international arbitration case against Vodafone Group on Friday over a retrospective tax demand on its $11.2-billion acquisition of Hutchison Essar's telecom business in 2007 could queer the government\u2019s pitch in other high-profile cases currently under arbitration, experts say.","seolocation":"telecomnews\/vodafones-arbitration-win-may-influence-other-cases-over-retro-tax-claims","seolocationalt":"Vodafone\u2019s arbitration win may influence other cases over retro tax claims","url_seo":"vodafones-arbitration-win-may-influence-other-cases-over-retro-tax-claims"},{"msid":"56212885","stname":"I-T department clarifies, retro tax ghost won\u2019t haunt foreign portfolio investors","artsyn":"\u200bFinance Minister had promised in his first Budget speech last year that no fresh action would be initiated for any transaction prior to 2012 under the amendment to tax indirect transfers. \u200b","seolocation":"telecomnews\/i-t-department-clarifies-retro-tax-ghost-wont-haunt-foreign-portfolio-investors","seolocationalt":"I-T department clarifies, retro tax ghost won\u2019t haunt foreign portfolio 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