RETROSPECTIVE TAXATION Flashcards

1
Q

Inception of Retrospective Taxation

A

2012

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2
Q

What did the Retrospective Taxation Law seek to Tax

A

Tax Indirect transfer of assets located in India

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3
Q

Investors upon whom tax liability was imposed

A

Vodafone and Cairn Energy

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4
Q

Company which was bought by Vodafone

A

Hutchisson Essar Ltd in 2007

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5
Q

Deals executed after _____ will be liable for paying tax

A

1962

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6
Q

Tax claim for Vodafone

A

22,100 crores ( initially 7,990 crores )

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7
Q

When did Cairn made alleged capital gains

A

2006

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8
Q

Vodafone HQs

A

Berkshire, England

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9
Q

Vodafone CEO

A

Nick Read

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10
Q

Cairn Energy HQs

A

Edinburgh , UK

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11
Q

Cairn Energy CEO

A

Simon Thompson

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12
Q

Proposed changes

A

1) no tax demand if transaction took place before 28th May 2012
2) Refund of tax collected albeit without interest
3) Tax raised would be nullified if litigation is ceased

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13
Q

Permanent court of Arbitration

A

Hague, Netherlands,

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14
Q

Cairn won the right to seize Indian Assets in _____ worth _____

A

France, 20 million euros

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15
Q

Total refund to be paid

A

8100 crores

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16
Q

Cairn energy looked forward to sell ____ stake to mining conglomerate _____

A

30%, Vedanta

17
Q

Which treaty was being violated as per Cairn Energy

A

India-UK Bilateral Investment Treaty signed in 1994, first ever bit by india

18
Q

Other countries having a retrospective taxation law

A

USA, UK , Netherlands, Canada, Belgium, Australia and Italy

19
Q

Which treaty was being violated as per Vodafone

A

India-Netherlands Bilateral Investment Treaty signed in 1995

20
Q

Tax claim raised on Cairn

A

10,247 crores

21
Q

When was PCA established

A

1899

22
Q

Why was taxation liability imposed on Cairn Energy

A

Because it transferred shares of Cairn India holdings to its counterpart , Cairn India

23
Q

Arbitration award by the PCA , Hague in the Cairn case

A

$1.7 billion

24
Q

When did Cairn initiate international arbitration

A

2015

25
Q

Which govt asset did Cairn seek to sue

A

Air India , in May 2021

25
Q

Which govt asset did Cairn seek to sue

A

Air India , in May 2021