Cairn Energy Dispute Nearing the End
UK-based oil and energy group Cairn Energy Plc. announced on Tuesday that it is about to settle the long-running tax dispute case with India. India scrapped its controversial retrospective tax law last month and is focused on resolving the dispute quickly and it might be done in the next few weeks.
Cairn Energy is expecting
to get a refund of Rs. 7,900 crores ($1.06 billion) from India once the dispute
is resolved. Out of the $1.06 billion refunds, $500 million would be paid to the
shareholders as a special dividend and $200 million would be utilized for a
share buyback.
History
The dispute predominantly sprouted after the Indian government introduced the Finance Act, 2012 which amended the Income-tax Act, 1961 retrospectively. Cairn Energy was asked to pay $1.4 billion as a Capital Gain Tax by the Indian Tax Department. This dispute intensified after the Indian government confiscated and sold Cairn Energy shares to claim the tax liabilities.
Cairn
Energy moved to the Permanent Court of Arbitration against the Indian
Government and India lost the case. In absence of any settlement, Cairn sought
to confiscate Indian government assets overseas including Parisian real estate
and Air India planes. Finally, after a lot of tussle India scrapped the
controversial tax law last month to amend the damages already done to its image
Benefits
and implications for Cairn Energy
Benefits |
Implications |
· Refund
of $1.06 Billion · Coming
out of all the litigation and directing precious resources towards growth
objectives and rebuilding its portfolio |
· Forego
the accumulated interest, cost incurred on arbitration & dispute (Approx.
$700m) · Forfeit
the right to get $1.2 billion damages awarded by the PCA |
Benefits
|
Implications |
· Paying
a much lesser amount than the actual accumulated amount or the penalty
imposed by the PCA · None
of the Indian- government assets would be frozen any further by Cairn as all
the litigations and claims would be withdrawn · Gaining
back global investors’ confidence |
· Opening
of India’s coffer for a lump sum payment of billions of dollars would surely
not be an easy task |
Way forward
The declined
Indian economy due to the COVID-19 impact needs to be repaired and foreign
investment would be a great aid. Losing international arbitration tarnished
India's image which needed to be polished as quickly as possible. Portraying
India as an ideal "Investment Destination" requires India to make
investor-friendly policies.
It
must be understood that companies will never stop finding loopholes in the law and
take advantage of it. Retrospective amendments to such laws shake the
investors’ confidence. Moving forward such amendments must be made
prospectively instead of retrospectively.
Written by Sakshi Kumari (Guest Contributor)
References
- https://www.ft.com/content/b4257bc5-e70e-49a7-bd52-bdc3deef81a2
- https://economictimes.indiatimes.com/industry/energy/oil-gas/cairn-energy-expects-a-near-term-resolution-on-retrospective-tax-issue-with-india/articleshow/86003015.cms
- https://www.ndtv.com/business/cairn-energy-to-return-700-million-to-shareholders-through-special-dividend-2532664
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